S v Sibande (252/83) [1984] ZASCA 94; 1984 (4) SA 708 (A) (6 September 1984)

S v Sibande (252/83) [1984] ZASCA 94; 1984 (4) SA 708 (A) (6 September 1984)

The court found that the psychiatric evidence presented after conviction established, on a balance of probabilities, that the appellant was not criminally responsible at the time of the offence due to mental illness. The conviction and sentence must therefore be set aside. Although section 158 generally requires the accused's presence at criminal proceedings, the special circumstances of this case and the powers conferred by section 322(1)(c) of the Criminal Procedure Act allow the appellate court to substitute the appropriate order under section 78(6) without remitting the matter to the trial court. The appellant is found not guilty by reason of mental illness and is to be detained in a...

Citation
[1984] ZASCA 94
Parties
Appellant: Sannie Robert Sibande; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
6 September 1984
Case Number
252/83
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Conviction and sentence set aside; substituted order of not guilty by reason of mental illness and detention pending the President's decision.
Judges
Wessels, Jansen, Kotzé, Viljoen, Vivier
Legal Topics
Criminal Capacity, Mental Disorder Defence, Struck Conviction, Procedure on Insanity, Struck Sentence
Criminal Law Criminal Capacity Mental Disorder Defence Struck Conviction Procedure on Insanity Struck Sentence

Case Brief

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Parties

Sannie Robert Sibande

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was criminally responsible at the time of the offence due to mental illness.
  2. 2 Whether the conviction and sentence should be set aside and replaced with an order under section 78(6) of the Criminal Procedure Act.
  3. 3 Whether the appellate court has jurisdiction to issue the substituted order or must remit the matter to the trial court.

Ratio Decidendi

The court found that the psychiatric evidence presented after conviction established, on a balance of probabilities, that the appellant was not criminally responsible at the time of the offence due to mental illness. The conviction and sentence must therefore be set aside. Although section 158 generally requires the accused's presence at criminal proceedings, the special circumstances of this case and the powers conferred by section 322(1)(c) of the Criminal Procedure Act allow the appellate court to substitute the appropriate order under section 78(6) without remitting the matter to the trial court. The appellant is found not guilty by reason of mental illness and is to be detained in a...

Court Disposition

Conviction and sentence set aside; substituted order of not guilty by reason of mental illness and detention pending the President's decision.

Orders

  • The conviction and sentence imposed by the trial court are set aside.
  • It is ordered that the appellant is found not guilty by reason of mental illness in terms of section 78(6) of the Criminal Procedure Act.