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South Africa decisions
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S v Williams (K/S 97/03) [2004] ZANCHC 21 (26 May 2004)
The court referred the accused for psychiatric observation under section 79 after evidence raised doubts about his mental state and criminal capacity.
S v Mkhize (56/91) [1991] ZASCA 133 (27 September 1991)
The Supreme Court of Appeal held that, following the abolition of the death penalty and the elimination of extenuating circumstances under the Criminal Law Amendment Act 107 of 1990, the court must consider the sentence afresh, balancing aggravating and mitigating factors. The murder was brutal and deliberate, but the evidence of a clinical psychologist indicated the appellant suffered from a mental disorder, which was accepted as a mitigating factor. The appellant's unsophisticated background and limited education were also considered, though given little weight. The aggravating factors, inc…
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S v Lawrence (381/90) [1991] ZASCA 72 (30 May 1991)
The Supreme Court of Appeal held that, although the appellant suffered from severe psychopathy, he was not psychotic or insane and could appreciate the wrongfulness of his act. The trial court found extenuating circumstances, but sentenced the appellant to death, considering him an absolute menace to society. The appellate court considered the statutory framework, psychiatric evidence, and the purposes of punishment. It found that life imprisonment would be a proper sentence, as the appellant's mental condition diminished his moral culpability, and society would not demand his execution. The…
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