S v Sejane (C1123/09)
S v Sejane (C1123/09) [2009] ZAGPJHC 110 (13 October 2009)
The review court held that, given the evidence of possible mental defect and drug abuse, the magistrate was obliged under sections 77 and 78 of the Criminal Procedure Act to refer the accused for psychiatric assessment before sentencing. The failure to do so constituted a procedural irregularity. The court further noted that the sentencing discretion appeared not to have been properly exercised, as relevant mitigating factors and the accused's mental state were not adequately considered. The conviction and sentence were set aside, and the matter was remitted for proper enquiry and determinati…
Source excerpt
- Assault With Intent To Do Grievous Bodily Harm
- Mental Defect In Criminal Proceedings
- Psychiatric Assessment
- Sentencing Discretion