A nominated term under s 302 of the Crimes Act 1900 (ACT) functions as an upper limit on detention following a finding of not guilty by reason of mental impairment, not as a minimum period or punishment. An accused's mental impairment must be taken into account in determining the nominated term, and sentencing considerations of punishment, accountability and deterrence should be significantly moderated where the offending resulted from mental impairment. The standard of proof for the s 28 mental impairment defence is the balance of probabilities.
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