Problem:
At the same time, it seems clear that he is capable of some degree of self-control. ... Similarly, he is not without the ability to make moral judgments, as is shown by his acknowledgment to [the psychiatrist] that it was wrong to engage in non-consensual sexual contact, and by his repeated apologies to the victim of these rapes. In our view, [his] moral culpability for this serious offending should be viewed as somewhat reduced by virtue of his mental impairment, but by no means eliminated.Footnote19 A different example comes from the Court of Appeal's 2020 decision on personality disorders, Brown v The Queen.Footnote20 In that case, the forensic psychiatrist had concluded that there was a causal link between the offender's personality disorder and the arson offences which she had committed. In his view, the disorder: Had a 'very significant' impact on her ability to exercise appropriate judgment, both in the sense that the offending behaviour was engaged to facilitate her return to custody, which itself was motivated by her lack of ability to integrate into society due to her disorder; and secondly, that she could not understand the impact of her fire-lighting behaviour 'to the extent that a person without personality disorder would'; Contributed to her making irrational choices, although there was no evidence that her thinking was disorganised or that she was not calm, consistent with an organised, delusional belief system; Caused her to fail to experience the inhibitor. Need Assignment Help?