MENTAL STATE

S v Pedro [2014] 4 All SA 114 (WCC) (LEGAL REPORTS 11/2014)

Criminal procedure – Criminal capacity – Observation of accused – Mental state – Criminal Procedure Act 51 of 1977 – Assessment and report in terms of section 79(1)(b)– Three psychiatrists, including a private psychiatrist, must be appointed when the case falls within section 79(1)(b) unless the court, upon application by the prosecutor, directs that a private psychiatrist need not be appointed, in which case there must be two psychiatrists – In casu, the prosecutor did not request the trial court to dispense with the appointment of a private psychiatrist – Court set aside the proceedings and remitted the case to the court a quo to be dealt with in accordance with the legal principles.

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