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South Africa Case Law

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Criminal Law [2024] ZALMPTHC 20

S v Ndou (CC02/2023)

S v Ndou (CC02/2023) [2024] ZALMPTHC 20 (2 February 2024)

The court found the accused fit to stand trial after rejecting a psychiatric report as unreliable and unsupported by proper factual inquiry.

  • Fitness To Stand Trial
  • Criminal Capacity
  • Mental Illness Defence
  • Expert Evidence
  • Onus Of Proof
  • Fitness-to-stand-trial
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Criminal Law [2012] ZAECBHC 2

S v Sikutu (CA & R 7/2012)

S v Sikutu (CA & R 7/2012) [2012] ZAECBHC 2; 2012 (2) SACR 324 (ECB) (28 March 2012)

High Court review setting aside a magistrate’s insanity finding and state-patient detention order, and remitting a murder matter for retrial.

  • Criminal Capacity
  • Mental Illness Defence
  • Section 78 Criminal Procedure Act
  • Psychiatric Evidence
  • Review Of Magistrate Decision
  • Criminal-capacity
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Criminal Law [2010] ZANCHC 73

S v Dumba (K/S 23/08)

S v Dumba (K/S 23/08) [2010] ZANCHC 73 (23 June 2010)

The High Court found the accused guilty of murdering his wife with direct intention, rejecting claims of mental illness, blackouts, and lack of criminal capacity.

  • Murder
  • Criminal Capacity
  • Mental Illness Defence
  • Psychiatric Observation
  • Intention
  • Criminal-capacity
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Criminal Law [2001] ZASCA 71

S v Kok (324/2000)

S v Kok (324/2000) [2001] ZASCA 71; [2001] 4 All SA 291 (A); 2001 (2) SACR 106 (SCA) (30 May 2001)

The Supreme Court of Appeal held that the appellant failed to prove lack of criminal capacity through post-traumatic stress disorder and dismissed the appeal.

  • Criminal Capacity
  • Automatism
  • Mental Illness Defence
  • Onus Of Proof
  • Diminished Responsibility
  • Criminal-capacity
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Criminal Law [1987] ZASCA 64

S v Magongo (26/86)

S v Magongo (26/86) [1987] ZASCA 64; [1987] 2 All SA 342 (A) (2 June 1987)

The appeal concerned whether a trial court could find an accused not criminally accountable for mental illness without following the mandatory statutory procedure.

  • Criminal Capacity
  • Mental Illness Defence
  • Section 78 Criminal Procedure Act
  • Psychiatric Evidence
  • Procedural Irregularity
  • Criminal-capacity
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.