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- Amends Criminal Procedure Act, 1977
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History of this document
29 June 2017 this version
Commenced
27 June 2017
Assented to
Cited documents 0
Documents citing this one 16
Gazette
11Judgment
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Reported
The applicant failed to prove lack of criminal capacity; appellate court dismissed the appeal.
Criminal law – Pathological incapacity – s 78(1), s 78(1A), s 78(1B), s 78(7) CPA; onus on accused to prove lack of criminal responsibility on balance of probabilities; evaluation of conflicting psychiatric evidence; amnesia and failure to testify; diminished responsibility and sentencing.
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Diminished‑capacity defence rejected; murder found premeditated and convictions entered for murder, attempted murder and related offences.
Crime—Domestic violence and femicide; criminal responsibility—pathological incapacity (s 78 CPA) and burden of proof; planned/premeditated murder and minimum‑sentence relevance (s 51 CLAA); dolus eventualis where third party injured; admissibility of hearsay under s 53(1)(c) Law of Evidence Act; evaluation of single‑witness and circumstantial evidence; firearms offences under Firearms Control Act.
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Whether the section 79 psychiatric process and a unilateral charge amendment vitiated conviction and whether life sentences were disproportionate.
Criminal procedure – Chapter 13 (ss 77–79 CPA) – psychiatric enquiry and section 79 panels; statutory amendment clarified two-psychiatrist quorum; adequacy of psychiatric report and observation period; procedural fairness at sentencing – amendment invoking s 51 CLAA; sentencing appeal – appellate restraint, material misdirection test, substantial and compelling circumstances.
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A racecourse operator is entitled to 3% tax distributions for races specified in its licence; the regulator unlawfully withheld funds.
Gaming and betting — statutory interpretation of distribution of tax deductions — entitlement of racecourse operator to 3% distribution tied to races specified in licence — unlawful withholding of provincial funds by regulator; strike-out of scandalous affidavit averments; punitive costs where state acted unlawfully.
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Failure to conduct mandatory ss77–79 enquiries and misapplication of s78 led to review and setting aside of the magistrate’s order.
Criminal procedure – sections 77–79 CPA – necessity of initial enquiry before psychiatric referral; Proper constitution of section 79 panel for serious offences; Section 78(6) CPA – options available only where accused is found not criminally responsible; Misapplication of MHCA detention powers (s37 v s42) when statutory procedure not followed.
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