Mashisane v S (A 115/14)
Mashisane v S (A 115/14) [2014] ZAGPPHC 1014 (11 December 2014)
The trial court misdirected itself by ignoring the probation officer's recommendations and failing to refer the appellant for mental observation before sentencing, despite credible allegations of mental illness. The appellant was 16 years old at the time of the offence and attended a special school, with evidence suggesting possible mental retardation. The court was obliged to order an enquiry in terms of sections 78(2) and 79 of the Criminal Procedure Act once doubt about the appellant's mental status arose. The failure to do so infringed the appellant's right to a fair trial and constituted…
Source excerpt
- Mental Illness And Criminal Responsibility
- Child Justice Act
- Fitness To Stand Trial
- Sentencing
- Rape
- Section 78 And 79 Cpa