Where an offender is unable to modify behaviour due to mental illness, specific deterrence is virtually irrelevant, but the protection of the community remains a permissible sentencing consideration provided the sentence does not exceed what is proportionate to the objective criminality of the offence. The six Verdins propositions regarding the relevance of impaired mental functioning to sentencing were approved for application in New South Wales. A limiting term under s 23 of the Mental Health (Criminal Procedure) Act 1990 should attribute to the offender their actual mental characteristics while assuming a normal trial.
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