ערעור על הרשעה ברצח וגזר דין מופחת

פסק-דין

השופטת ד' דורנר:

Every penal system in the name of some other social value compromises over the
admission of excusing conditions and no system goes as far (particularly in
cases of mental disease) as many would wish. But it is important... to see that
our moral preference for a system which does recognize such excuses cannot... be
explained by reference to the General Aim which we take to justify the practice
...of punishment

Recognition of excusing conditions is therefore seen as a matter of protection
of the individual against the claims of society for the highest measure of
protection from crime that can be obtained from a system of threats. In this way