South Africa Case Law

S v Ngubeni (SS84/2016)

S v Ngubeni (SS84/2016) [2017] ZAGPJHC 237 (17 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

SS84/2016

Judge

L Adams

The court found that the accused intentionally killed the deceased, Ms Zestah September, after a heated argument, and subsequently attempted to conceal his crime by misleading the police and family, destroying evidence, and burning the body. The accused's defence of temporary non-pathological criminal incapacity was rejected as improbable and unsupported by psychiatric evidence. The accused's actions before, during, and after the incident demonstrated conscious awareness and goal-directed behaviour, negating any claim of loss of control. The accused was also found guilty of defeating or obstr…

Source excerpt

• Murder
• Defeating Or Obstructing The Course Of Justice
• Violation Of Corpse
• Unlawful Possession Of Ammunition
• Criminal Capacity
• Temporary Non Pathological Incapacity

S v Laubscher (483/85)

S v Laubscher (483/85) [1987] ZASCA 122; [1988] 1 All SA 378 (A) (30 September 1987)

Court

Supreme Court of Appeal

Case number

483/85

Judges

Joubert, Botha, Nestadt

Criminal appeal on temporary non-pathological incapacity and intent. Conviction on count 5 was set aside; convictions on counts 1 to 4 and revised sentences were largely upheld.

• Criminal Capacity
• Temporary Non Pathological Incapacity
• Mens Rea
• Sentencing
• Onus Of Proof
• Criminal-capacity