S v Sindane and Another (672/91) [1992] ZASCA 103 (29 May 1992)

S v Sindane and Another (672/91) [1992] ZASCA 103 (29 May 1992)

The court held that the jurisdiction under section 19 of the Criminal Law Amendment Act is limited to reconsideration of the death sentence. The first appellant presented sufficient evidence of a reasonable possibility of mental illness affecting his criminal responsibility or capacity to stand trial, based on the uncontradicted psychiatric history and expert opinion. The investigation by Dr Pretorius was not equivalent to a formal section 79 inquiry, and further evidence may be decisive. Therefore, the death sentence for the first appellant was set aside and the matter remitted for psychiatric observation and further evidence. Regarding the second appellant, the court found that the...

Citation
[1992] ZASCA 103
Parties
Appellant: Evaton Robert Sindane; Appellant: Patrick Jabulane Skosana; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 1992
Case Number
672/91
Procedural Posture
Criminal Appeal / Appeal Against Sentence (death Penalty) and Application for Remittal for Psychiatric Observation
Outcome
The application of the first appellant is granted; the death sentence is set aside and the matter remitted for psychiatric observation. The appeal of the second appellant is dismissed and the death sentence confirmed.
Judges
E M Grosskopf, M E Kumleben, Krieger
Legal Topics
Death Penalty Review, Psychiatric Observation, Criminal Responsibility, Mitigating and Aggravating Circumstances
Criminal Law Death Penalty Review Psychiatric Observation Criminal Responsibility Mitigating and Aggravating Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Evaton Robert Sindane

Appellant

Patrick Jabulane Skosana

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (death Penalty) and Application for Remittal for Psychiatric Observation

Legal Issues

  1. 1 Whether the death sentence imposed on the first appellant should be reconsidered in light of possible mental illness.
  2. 2 Whether the death sentence imposed on the second appellant was the only proper sentence given the aggravating and mitigating circumstances.

Ratio Decidendi

The court held that the jurisdiction under section 19 of the Criminal Law Amendment Act is limited to reconsideration of the death sentence. The first appellant presented sufficient evidence of a reasonable possibility of mental illness affecting his criminal responsibility or capacity to stand trial, based on the uncontradicted psychiatric history and expert opinion. The investigation by Dr Pretorius was not equivalent to a formal section 79 inquiry, and further evidence may be decisive. Therefore, the death sentence for the first appellant was set aside and the matter remitted for psychiatric observation and further evidence. Regarding the second appellant, the court found that the...

Court Disposition

The application of the first appellant is granted; the death sentence is set aside and the matter remitted for psychiatric observation. The appeal of the second appellant is dismissed and the death sentence confirmed.

Orders

  • The sentence of death imposed on the first appellant is set aside.
  • The matter is remitted to the trial court for the hearing of an application for referral of the first appellant for observation in terms of section 79 of Act 51 of 1977, and such further evidence as may be necessary for the application and the report of the observation panel.