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Originally Posted by fredr123
I haven't been able to find a copy of the judgement so I can't really comment. Unless you want me to jump to quick emotional conclusions about how evil Borsch was or how stupid the justice system is.
In my own mind, I can understand how suffering from a mental disorder can vitiate the mental fault element that is necessary in many criminal offences. I think the part that a lot of people have problems with is accepting PTSD as a proper mental disorder. None of us were in the court room, none of us heard the expert testimony and had an opportunity to see how it held up under cross-examination. I don't think any of us has had a chance to read the judge's decisions either. It's difficult to come to form a proper opinion on this specific case without those kinds of things.
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IMO regardless of whether or not the defence made a successful mental illness defence is not the point. The point is that society has to decide what illness are acceptable for this kind of defence and if this defence is acceptable the person should still be held accountable and held in an institution for the same amount of time as could have received as punishment or in some cases even longer.