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South Africa decisions
Decisions matching the current search
S v Methula (CC49/2021) [2024] ZAECELLC 30 (29 April 2024)
The High Court convicted the accused of murder, rejecting a defence of non-pathological criminal incapacity, but found no premeditation.
S v Liebenberg (CC90/2014) [2015] ZAGPPHC 1111 (19 November 2015)
The court found that the accused laid a sufficient foundation for the defence of temporary non-pathological criminal incapacity, supported by uncontested expert evidence from Prof Scholtz. The accused was subjected to extreme provocation and assault, leading to a state of dissociation and traumatic amnesia during the shooting. The court was not satisfied that the prosecution proved beyond reasonable doubt that the accused acted with criminal intent or conscious direction. The evidence established a reasonable doubt as to whether the accused was able to exercise control over his actions at the…
Source excerpt
S v Eadie (196/2001) [2002] ZASCA 24; 2002 (3) SA 719 (SCA); 2002 (1) SACR 663 (SCA) (27 March 2002)
The Supreme Court of Appeal held that Eadie remained criminally responsible for a road-rage killing, rejecting non-pathological incapacity on the facts.
S v Ingram (62/93) [1994] ZASCA 116; [1995] 3 All SA 121 (A) (15 September 1994)
The court upheld a murder conviction, finding the appellant remained criminally accountable despite intoxication and emotional stress, but set aside sentence for reconsideration.
S v Potgieter (355/92) [1993] ZASCA 186; [1994] 3 All SA 432 (A) (29 November 1993)
The court confirmed a murder conviction, rejecting the appellant’s sane automatism and irresistible impulse defences, but set aside the sentence and remitted the matter for reconsideration.
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