The ACT requirement under ss 301-303 of the Crimes Act 1900 (ACT) to provide a 'best estimate' of sentence for a person found not guilty because of mental impairment produces incongruous results because the absence of mitigating factors available to a criminally responsible offender means the estimate may be longer than a sentence for a guilty offender. A court is not obliged to accept a psychiatric assessment of unfitness to plead where the assessment is inconsistent with the psychiatrist's earlier findings, the accused's overall improvement, and counsel's observations of the accused's capacity. The question left open is whether the legislature will reform the scheme to align with the NSW approach.
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