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South Africa decisions
Decisions matching the current search
S v Manyosha (CA&R74/2024) [2024] ZAECMHC 75 (12 September 2024)
High Court review set aside an irregular “Not Guilty” finding after a section 77 enquiry, holding the accused was not entitled to that verdict.
Ntshakala v S (A584/2016) [2018] ZAGPPHC 274; 2018 (2) SACR 580 (GP) (26 January 2018)
The High Court upheld an appeal against a rape conviction after finding the trial court failed to comply with statutory procedures for mental-capacity inquiry.
S v Ramokoka (94/06) [2006] ZAGPHC 37; 2006 (2) SACR 57 (W) (25 April 2006)
The High Court set aside a magistrate’s detention order under section 77(6) of the Criminal Procedure Act for non-compliance with statutory psychiatric-report requirements.
S v Van Graan (A759/2000) [2002] ZAWCHC 58; [2003] 1 All SA 331 (C) (1 November 2002)
The High Court held that a trial court may set aside its own conviction before sentence if psychiatric findings require it, but reports from other cases cannot determine capacity in the present matter.
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