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Criminal Law [2013] ZAGPPHC 105

Malatji v S (A259/10)

Malatji v S (A259/10) [2013] ZAGPPHC 105 (18 April 2013)

The trial court was obliged to refer the appellant for mental observation under section 78(2) of the Criminal Procedure Act, given the disclosure of his prior detention as a State President's patient and the reasonable possibility of diminished criminal capacity. The failure to do so constituted a material irregularity. Additionally, the regional court failed to appoint two assessors as required by section 93ter of the Magistrate Court Act, despite the appellant's election to be tried with assessors. This procedural irregularity further vitiated the proceedings. The cumulative effect of these…

  • Mental Observation
  • Assessors In Criminal Trial
  • Irregularity And Miscarriage Of Justice
  • Criminal Capacity
  • Procedural Fairness
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