The purpose of a limiting term under s 23 of the Mental Health (Forensic Provisions) Act 1990 (NSW) is not to punish, and an offender who is unsuitable by reason of mental disability to be a vehicle for general deterrence is equally unsuitable to be the subject of denunciation. A sentencing judge recording that an offender made expressions of guilt and remorse is not the same as making a finding of remorse as a mitigating factor under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.