Ledwaba v S (A/258/2018, PA43/2018)
Ledwaba v S (A/258/2018, PA43/2018) [2019] ZAGPPHC 269 (12 June 2019)
The appeal was upheld because the appellant, who had a long history of mental illness, was unrepresented during the referral for psychiatric examination under Chapter 13 of the Criminal Procedure Act. The psychiatric report did not address 'intellectual disability' as required by the amended Act, and the appellant was not in a position to contest the report or appoint a psychiatrist of his choice. The trial court failed to ensure that the appellant's rights to legal representation and a fair trial were protected, resulting in substantial injustice. The conviction and sentence were set aside,…
Source excerpt
- Mental Illness And Criminal Capacity
- Fair Trial Rights
- Legal Aid
- Psychiatric Examination
- Minimum Sentences