South Africa Case Law

S v Dlamini (CC9/2020)

S v Dlamini (CC9/2020) [2020] ZAGPPHC 684 (4 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

CC9/2020

Judge

Broodryk

The court found that the accused was discovered alone with the deceased, holding the garden hoe, and that the blood on the hoe matched the deceased's DNA. The accused's version that he was too intoxicated to remember was rejected as improbable and unsupported by evidence. Witnesses confirmed that the accused appeared normal and was not excessively drunk. The psychiatric report established that the accused was capable of understanding proceedings and distinguishing right from wrong. The accused's denial of seeing the child and his selective memory were found to be false and contrived. The inju…

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• Murder
• Minimum Sentences
• Mens Rea
• Child Victim
• Criminal Procedure Act
• Psychiatric Evidence

S v Ryk (CA & R 49/2019)

S v Ryk (CA & R 49/2019) [2019] ZANCHC 35 (30 August 2019)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 49/2019

Judges

Phatshoane, Smith

Special-review judgment on whether a guilty plea should have stood after psychiatric evidence raised doubt about the accused’s capacity to follow proceedings.

• Criminal Capacity
• Plea Of Guilty
• Mental Observation
• Section 113 Cpa
• Psychiatric Evidence
• Criminal-capacity

S v Cacambile (CA&R19/17, 22/17)

S v Cacambile (CA&R19/17, 22/17) [2017] ZAECBHC 6; 2018 (1) SACR 8 (ECB) (14 September 2017)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R19/17, 22/17

Judges

I.T. Stretch, D. Van Zyl

High Court review of a magistrate’s mental-health related order was set aside because the finding of guilt lacked an evidentiary basis.

• Mental Health Review
• Criminal Capacity
• Automatic Review
• Psychiatric Evidence
• Criminal-law
• Mental-health-law

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)

Court

Eastern Cape High Court, Bhisho

Case number

CA & R 7/2012

Judges

B C Hartle, A E B Dhlodhlo

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

Petersen v S (A465/07)

Petersen v S (A465/07) [2007] ZAWCHC 52 (5 September 2007)

Court

Western Cape High Court, Cape Town

Case number

A465/07

Judge

Whitehead

The appellant failed to establish exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The evidence did not support a current severe psychiatric condition or a lack of adequate care in detention. The appellant's need to care for her daughter was not substantiated, and her family was capable of providing care. The State's case against the appellant was reasonably strong, supported by cell phone records, witness statements, and confessions. The risk of absconding was heightened by the appellant's request to have insurance proceeds paid into a Namibian accoun…

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• Bail Application
• Exceptional Circumstances
• Psychiatric Evidence
• Risk Of Absconding
• Witness Interference
• Public Safety

S v Motshekgwa (424/92)

S v Motshekgwa (424/92) [1993] ZASCA 95 (2 June 1993)

Court

Supreme Court of Appeal

Case number

424/92

Judges

Joubert, F H Grosskopf, Nicholas

Appeal in a multiple-murder case: the convictions were upheld, but the death sentences on 14 murder counts were replaced with life imprisonment.

• Murder
• Attempted Murder
• Psychiatric Evidence
• Sentencing
• Diminished Responsibility
• Attempted-murder

S v Lister (447/91)

S v Lister (447/91) [1993] ZASCA 82; [1993] 4 All SA 669 (A) (28 May 1993)

Court

Supreme Court of Appeal

Case number

447/91

Judges

Smalberger, Vivier, Nienaber

The court upheld a 4-year prison sentence for a repeated theft and fraud offender, finding the sentence was not excessive despite psychiatric and personal mitigation.

• Sentencing
• Theft
• Fraud
• Mitigating And Aggravating Factors
• Periodical Imprisonment
• Psychiatric Evidence

S v Cloete (140/91)

S v Cloete (140/91) [1993] ZASCA 10 (2 March 1993)

Court

Supreme Court of Appeal

Case number

140/91

Judges

C T Howie, Hoexter, Van Heerden

The court found that the appellant's version of acting in a state of automatism was not credible. The evidence, including his conduct before and after the shootings, the content of his letters and phone calls, and his statements to witnesses, demonstrated that he acted consciously and purposefully. The expert psychiatric evidence from Dr Vorster supported the conclusion that the appellant was able to appreciate the wrongfulness of his actions and act accordingly. The trial court was justified in rejecting the appellant's version and convicting him of murder. The appeal against conviction was…

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• Murder
• Criminal Capacity
• Automatism
• Intent
• Psychiatric Evidence

S v Mathee (258/91)

S v Mathee (258/91) [1991] ZASCA 145 (11 November 1991)

Court

Supreme Court of Appeal

Case number

258/91

Judges

E M Grosskopf, Eksteen, F H Grosskopf

The court refused further evidence and confirmed the death sentence for murder, finding no provocation and only personality defects, not mental illness.

• Murder
• Sentencing
• Extenuating Circumstances
• Death Penalty
• Psychiatric Evidence
• Extenuating-circumstances

S v Cotton (115/1989)

S v Cotton (115/1989) [1989] ZASCA 172 (1 December 1989)

Court

Supreme Court of Appeal

Case number

115/1989

Judges

Van Heerden, Milne, Eksteen, F.H. Grosskopf, Nicholas

The Supreme Court of Appeal held that there was no evidence that the magistrate failed to inform the appellant of his right to appoint a third psychiatrist under section 79(1)(b)(iii) of the Criminal Procedure Act. The silence of the transcript did not justify an inference of irregularity, especially since other appointments were also not recorded. The appellant did not testify that he was not informed, and his counsel did not seek to recall him on this point. Consequently, no procedural irregularity was established. Regarding extenuating circumstances, the court found that the appellant's yo…

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• Criminal Responsibility
• Psychiatric Evidence
• Extenuating Circumstances
• Irregularity In Procedure
• Murder
• Robbery With Aggravating Circumstances