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Citation
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Judgment date
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| October 2018 |
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Accused found not guilty by reason of insanity and released to family due to treatment response and lack of ongoing danger.
Criminal law — Insanity — Special verdict under s 29 Mental Health Act — Lack of mens rea due to mental disorder — Psychiatric evidence — Release rather than institutionalisation.
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30 October 2018 |
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The accused was convicted of culpable homicide for negligently shooting a fleeing suspect; sentenced to three years, 2.5 suspended.
Criminal law – Culpable homicide – Negligent discharge of firearm causing death – Sentencing: balancing aggravation (lethal weapon, training, close‑range shot, sanctity of life) and mitigation (guilty plea, remorse, age, long service) – Suspension of part of custodial sentence on condition of no firearm/violent offences.
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16 October 2018 |
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Whether provocation or intoxication negated intention when furtive neck-stabbing established dolus eventualis and murder conviction.
Criminal law — Murder — Dolus eventualis established where accused foresaw risk of death and persisted — Provocation as partial defence (s239) — Voluntary intoxication and self-defence not available on these facts.
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10 October 2018 |
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The accused pleaded guilty to culpable homicide; court imposed six-year terms with two years suspended.
Criminal law – Culpable homicide — Plea of guilty accepted and conviction retained on lesser charge — Sentencing — Mitigation: first offender, remorse, intoxication, pre-trial incarceration, age and family responsibilities — Aggravation: assault in presence of juvenile witness, familial betrayal, instigation — Custodial sentence with partially suspended term.
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9 October 2018 |
| September 2018 |
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Provocation and self-defence failed; the accused’s calculated stabbing established actual intention to kill, resulting in conviction and 25-year sentence.
Criminal law – Murder – Mens rea: actual intention or foresight of substantial risk – Defence of provocation requires sudden loss of self-control – Self-defence requires unlawful attack and proportionality – Evidence of weapon, nature and targeting of wounds relevant to intention.
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27 September 2018 |
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A single kick to the deceased’s head amounted to culpable homicide, not murder; accused received a partly suspended three-year sentence.
Criminal law — Distinction between murder (actual or constructive intent) and culpable homicide — Constructive intention under s 47(1)(b) — Negligent kicking to the head causing death — Sentencing: mitigation, aggravation and partial suspension.
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19 September 2018 |
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Excessive, disproportionate force and abandonment while acting in concert led to conviction for culpable homicide and suspended prison terms.
Criminal law – self‑defence – requirements of necessity and proportionality (s 253); common purpose/co‑perpetrator liability (ss 195,196,196A); culpable homicide by excessive force and omission; sentencing of juvenile linked to adult co‑offender.
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19 September 2018 |
| July 2018 |
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Accused found not guilty by reason of insanity due to psychosis and ordered to psychiatric detention pending tribunal release.
Mental Health Act s29 – Special verdict: not guilty because of insanity; Criminal responsibility – mens rea negated by psychotic disorder; Fitness to stand trial; Institutionalisation for treatment pending tribunal release.
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18 July 2018 |
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Accused found not guilty by reason of insanity and ordered to psychiatric care until lawful release.
Criminal law – murder – insanity defence – Mental Health Act s29 – special verdict of not guilty by reason of insanity – psychiatric detention and treatment pending release by competent tribunal.
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17 July 2018 |
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Bail refused where serious, strong rape charge, cohabitation with juvenile complainant posed real risk of interference and abscondment.
Bail pending trial — balancing constitutional right to liberty and administration of justice — s 50(1)(d) Constitution; s 117 Criminal Procedure and Evidence Act — serious/strong State case, risk of abscondment, risk of witness interference where accused cohabits with juvenile complainant — alternative measures inadequate.
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12 July 2018 |
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The accused was found not guilty by reason of insanity and committed to psychiatric care pending discharge.
Criminal law – Murder – Mental Health Act s29 – Special verdict of not guilty because of insanity – Lack of mens rea due to mental disorder – Institutionalisation and transfer to psychiatric facility for treatment and public protection.
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11 July 2018 |
| June 2018 |
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Applicant granted urgent interim interdict to restrain respondent and agents from evicting or entering his occupied farm pending final determination.
Administrative Justice Act; interdict pendente lite; urgency; rights arising from offer letters and long possession; interim relief to prevent eviction and disruption; balance of convenience.
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28 June 2018 |
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Whether the accused's self-defence or intoxication negated intention for murder; court convicted and sentenced to 10 years.
Criminal law — Murder — Legal intention under s 47(1)(b) — Self-defence requirements (s 253) — Voluntary intoxication mitigatory only — Fatal blunt head trauma — Sentencing in domestic violence killing.
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21 June 2018 |
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Self‑defence rejected; constructive intent (realisation of risk) established, convicted of murder and sentenced to 10 years imprisonment.
Criminal law – Murder – s 47(1)(b) constructive intent/realisation of risk or possibility of death – Self‑defence – s 253 requirements conjunctive (unlawful attack, imminence, necessity, no safe alternative, proportionality) – Prima facie case at close of State case – Sentencing: mitigation and aggravation.
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19 June 2018 |
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Accused convicted of murder under dolus eventualis; self-defence rejected; sentenced to 12 years.
Criminal law – Murder – dolus eventualis (s 47(1)(b)) established by striking an unarmed person on the head with a hard object; self-defence (s 253) unavailable due to disproportionality and possibility of escape.
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19 June 2018 |
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Agreed facts establishing culpable homicide; sentence balancing mitigation and protection of the right to life.
Criminal law - Culpable homicide on agreed facts; plea and admitted exhibits; sentencing balance between mitigation (youth, remorse, custody, dependants, provocation) and aggravation (sanctity of life, head injury, persistence) - sentence 4 years, 1 year suspended.
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11 June 2018 |
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The accused convicted of culpable homicide for striking his wife with an iron bar; sentenced to seven years, partly suspended.
Culpable homicide – plea of guilty – elements established by agreed facts – sentencing principles balancing mitigation (guilty plea, first offender, custody, health) and aggravation (degree of negligence, striking head, leaving scene, domestic violence).
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6 June 2018 |
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Accused found not guilty by reason of insanity and committed to psychiatric institution for continued treatment pending discharge.
Mental Health Act – special verdict of not guilty by reason of insanity – expert psychiatric evidence – fitness to stand trial distinguished from criminal responsibility – institutionalization for treatment pending lawful discharge.
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4 June 2018 |