Jenkins v S (A54/2018) [2021] ZAGPPHC 856 (23 November 2021)

Jenkins v S (A54/2018) [2021] ZAGPPHC 856 (23 November 2021)

The Appeal Court found that the trial before the court a quo was tainted by irregularities, including the failure to refer the appellant for psychiatric evaluation despite evidence of mental illness and the questionable reliability of the minor witnesses' evidence due to alleged coaching. The court held that the appellant's right to a fair trial under the Constitution was infringed and that the convictions and sentences could not stand. The court set aside the conviction and sentence and ordered that the appellant be referred to Weskoppies Hospital for psychiatric evaluation in accordance with section 78(2) and section 79 of the Criminal Procedure Act.

Citation
[2021] ZAGPPHC 856
Parties
Appellant: Basil Victor Jenkins; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 November 2021
Case Number
A54/2018
Procedural Posture
Criminal Appeal / Automatic Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction and sentence set aside; appellant referred for psychiatric evaluation.
Judges
Maumela, Tsautse
Legal Topics
Mental Capacity, Criminal Liability, Fair Trial Rights, Child Witness Evidence, Irregularity in Proceedings
Criminal Law Mental Capacity Criminal Liability Fair Trial Rights Child Witness Evidence Irregularity in Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Basil Victor Jenkins

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Automatic Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was criminally responsible at the time of the offences due to mental illness or defect.
  2. 2 Whether the trial before the court a quo was fair and free from irregularities.
  3. 3 Whether the evidence of the minor child witnesses was reliable and admissible.

Ratio Decidendi

The Appeal Court found that the trial before the court a quo was tainted by irregularities, including the failure to refer the appellant for psychiatric evaluation despite evidence of mental illness and the questionable reliability of the minor witnesses' evidence due to alleged coaching. The court held that the appellant's right to a fair trial under the Constitution was infringed and that the convictions and sentences could not stand. The court set aside the conviction and sentence and ordered that the appellant be referred to Weskoppies Hospital for psychiatric evaluation in accordance with section 78(2) and section 79 of the Criminal Procedure Act.

Court Disposition

Appeal upheld; conviction and sentence set aside; appellant referred for psychiatric evaluation.

Orders

  • The conviction and sentence imposed by the court a quo against the appellant are set aside.
  • In terms of section 78(2) of the Criminal Procedure Act 51 of 1977, the appellant is referred to Weskoppies Hospital for psychiatric evaluation and a report in accordance with section 79 of the Act.