South Africa Case Law

Grootetjie v S (A78/2023)

Grootetjie v S (A78/2023) [2023] ZAWCHC 146 (14 June 2023)

Court

Western Cape High Court, Cape Town

Case number

A78/2023

Judges

Wille, Bremridge

The court found that the appellant failed to establish any factual basis for his defence of sane automatism or lack of criminal capacity. His detailed recollection of events and actions before, during, and after the offence contradicted his claim of involuntariness. The evidence, including medical and forensic findings, confirmed the commission of the offence and the appellant's awareness of his conduct. The court held that the sentence of life imprisonment was appropriate given the gravity of the crime, the age of the victim, and the absence of substantial and compelling circumstances to jus…

Source excerpt

• Rape Of Minor
• Minimum Sentencing
• Criminal Capacity
• Sane Automatism
• Sentencing Principles

S v Cunningham (241/95)

S v Cunningham (241/95) [1996] ZASCA 12 (14 March 1996)

Court

Supreme Court of Appeal

Case number

241/95

Judges

Van Heerden, Vivier, Scott

The court dismissed an appeal against a culpable homicide conviction, holding that the evidence did not support a defence of sane automatism.

• Culpable Homicide
• Sane Automatism
• Onus Of Proof
• Psychogenic Amnesia
• Culpable-homicide
• Sane-automatism