Question
If a person raises mental illness successfully as a defence excluding criminal capacity
(defence of pathological incapacity), such person’s lack of criminal capacity is
exculpatory and results in his or her acquittal. The court in Ntshongwana v S
confirmed that section 78(1) of the Criminal Procedure Act 51 of 1977 provides the
requirements for the defence of pathological incapacity.1 Discuss these requirements
that must be present for this defence to succeed.
(defence of pathological incapacity), such person’s lack of criminal capacity is
exculpatory and results in his or her acquittal. The court in Ntshongwana v S
confirmed that section 78(1) of the Criminal Procedure Act 51 of 1977 provides the
requirements for the defence of pathological incapacity.1 Discuss these requirements
that must be present for this defence to succeed.
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