S v Pedro (B247/11)
S v Pedro (B247/11) [2014] ZAWCHC 106; 2015 (1) SACR 41 (WCC); [2014] 4 All SA 114 (WCC) (9 July 2014)
The High Court found that the psychiatric panel was not properly constituted as required by section 79(1)(b) of the Criminal Procedure Act. The magistrate failed to appoint a psychiatrist specifically for the accused and did not appoint a private psychiatrist, nor did the prosecutor apply for dispensation. The psychiatric assessment was thus irregular and invalid. Furthermore, the magistrate erred in entering a verdict of not guilty under section 78(6)(a) where the accused had not pleaded and was found unfit to stand trial; no verdict should have been entered, and the court should have procee…
Source excerpt
- Fitness To Stand Trial
- Psychiatric Assessment
- Culpable Homicide
- Mental Health Care Act
- Criminal Procedure Act
- Detention Order