Following revocation of a s.9 good behaviour bond imposed after a special hearing under the Mental Health (Criminal Procedure) Act 1990 (NSW), the Court is not confined to the sentencing options under the Crimes (Sentencing Procedure) Act 1999 (NSW) but may proceed under s.23 of the Mental Health (Criminal Procedure) Act to nominate a limiting term. A limiting term is properly characterised as a penalty. When determining the duration of a limiting term, the sentencing judge must translate findings about intellectual disability and other subjective circumstances into the actual duration of the term, and must give allowance for time spent in custody and on a bond.
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