including his history of child abuse, severe mental impairments, service to his country and successful adjustment to life in prison. 61. According to the Applicant, the mandatory death penalty prevented the sentencing court from considering the mitigating effect of his mental impairments while he suffered from debilitating post-traumatic stress disorder (PTSD) and traumatic brain injury. He contends that, while his mental disabilities reduce his moral culpability and disqualify him from the death penalty, the Respondent State’s law is indifferent to his psychological disorder so long as he is deemed sane and fit to stand trial. The Applicant also submits that he has a long history of substance abuse namely, of alcohol and marijuana, which helped him cope with successive traumatic experiences. He submits that the sentencing court ignored the fact that he committed the offence when he was in a state of insanity as he had drunk hard liquor and smoked ‘bhang’ which affected his control. 62. The Applicant further avers that the evaluation of his state of health was conducted three (3) and a half years after the offence had been committed and was limited to a bare assessment of whether he met the legal threshold for sanity and fitness to stand trial. It is the contention of the Applicant that the medical report obtained by the sentencing court to evaluate his mental health fell short of best practices for psychiatric evaluations because it was incomplete and superficial. According to the Applicant, such deficiencies do not necessarily warrant exemption from criminal sanctions but diminish personal culpability given that the offender’s capacity to understand and process information, to communicate and control impulses diminishes. The Applicant submits that as a person with multiple and severe mental disorders, he is exempted from the application of the death penalty. *** 63. The Respondent State rebuts the Applicant’s allegations and submits that as clearly stated under Sections 14(2) and 14(2)(b) of the Penal Code, intoxication can only be a defense to a criminal charge if by reason thereof 16

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