At his trial, Burnett's defence was that at the time of the crime he was insane or alternatively, that this was a case of diminished responsibility. Both defences failed after the jury had considered the evidence for 25 minutes. The court had heard expert witness evidence from three psychiatrists: A. M. Wylie, the Physician Superintendent of the Royal Cornhill Hospital, Professor Miller and Ian M Lowit, Consultant Child Psychiatrist, all of whom agreed that Burnett should be reprieved on psychiatric grounds. In letters later sent to the Scotsman newspaper, Professor Miller and Dr Lowit explained that their evidence suggested that Burnett displayed what Miller described as psychopathic tendencies, for which he had received treatment in hospital in the past. It was revealed in Court that he had been violent in the past and had also attempted suicide.