I suppose I'm coming at it from a different angle. i believe that people with mental illness who are taking ssris can commit crimes that have nothing to do with their mental illness and everything to do with the effects of the medication. So therefore, in certain cases talk of any mental illness becomes irrelevant if it can be substantiated that even if they do have a mental illness, this particular behaviour wasn't caused by that mental illness.
For instance, I had ocd and body dysmorphia prior to my reactions to medications- and yet they had literally nothing to do with the way I acted whilst having side effects to medication

If such a link can be strongly made in a given case, then no I don't think there should be criminal consequences for that person at all, because they can't be held accountable for a reaction they couldn't control. Plus, if they don't take the meds anymore, they aren't a threat to society.

I suppose proof is in the pudding.No more ssris has meant no more extreme agitated manic side effects for me. it stopped once the ssris stopped.

xxx