Galbraith v HM Advocate (no. 2) 2002 JC 1
Citation: Galbraith v HM Advocate (no. 2) 2002 JC 1
Rule of thumb: If a psychiatrist/psychologist diagnoses a person as being a psychopath/personality disorder, does this have any impact legally? No, the law does recognise this as a medical condition – this may assist a plea in mitigation but it has absolutely no impact at all on whether a person is guilty of crime.
Judgment:
"…since the court is fixing the boundaries of a legal doctrine, there is no inconsistency between the psychiatrists' recognition of psychopathic personality disorder and the decision of the court that the law does not recognise such a disorder as a basis for diminished responsibility. That is a matter of legal policy for the court, and ultimately for the legislature, and not for psychiatrists or psychologists. Similarly, there may be other disorders recognised by such experts which, for sound policy reasons, the court will exclude from the ambit of diminished responsibility.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.