LME3701 PORTFOLIO.

HISTORICAL DEVELOPMENTS OF THE TRIAL OF MENTALLY ILL ACCUSED IN THE SOUTH AFRICAN CRIMINAL JUSTICE SYSTEM by RR PALMER Submitted in partial fulfilment of the requirements for the degree LLB In the SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROF MG KARELS (PORTFOLIO / ASSIGNMENT 03: ) 2018 1 2 CONTENTS: ACADEMIC HONESTY DECLARATION.....................................................................2 1. WORKING TITLE..................................................................................................4 2. RESEARCH INTRODUCTION..............................................................................4 3. PROBLEM STATEMENT.......................................................................................4 4. HYPOTHESIS........................................................................................................5 5. POINTS OF DEPARTURE AND ASSUMPTIONS................................................5 6. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES..........................6 6.1 Child................................................................................................................6 6.2 Child Offender.................................................................................................6 6.3 Mental Health Status.......................................................................................6 6.4 Mental Illness...................................................................................................7 6.5 Mental Health Assessment.................................................................................7 7. PROPOSED CHAPTER OUTLAY.........................................................................7 8. PROJECTED TIME-FRAME FOR SUBMISSION.................................................8 9. DESCRIPTION OF RESEARCH METHODOLOGY.............................................9 10. BIBLIOGRAPHY..............................................................................................10 3 1. WORKING TITLE Historical developments of the trial of mentally ill accused in the South African criminal justice system. 2. RESEARCH INTRODUCTION This research product intends to provide an in-depth explanation on the historical developments of the trial of mentally ill accused persons in the South African criminal justice system. Mental illness is displayed in behaviour that deviates from a person’s normal conduct.1 It is a disorder of the mind which is judged by professional experts to interfere greatly with a person’s ability to deal with daily life. It can disrupt a person’s ability to relate to others. It also disrupts their mood, feelings and way of thinking. South Africa has a Roman-Dutch common law which was influenced by English and other law, as well as an uncodified criminal law that relies on general principles of liability. The courts progressively started to rely on English law in cases of mental incapacity and the rules set out in the English M’Naghten case were adopted.2 M’Naghten Rules can be described as including: the rebuttable presumption that a person is sane and responsible for their criminal conduct; that in order to establish the defence of insanity, it must be proven that a person suffers from a defect of reason that rendered them incapable of knowing the nature and quality of their act or knowing that the act was wrong; and making provisions for persons suffering from partial delusions. The rules were developed from an essential right and wrong test by adding a further test that entailed proving that the criminal conduct was committed even though the perpetrator realized the quality and nature of the act and its wrongfulness. Different valid criticism was levelled against the rules and they were ultimately rejected and developed through the years into current South African criminal law.3 1 Swanepoel M “Legal Aspects with regard to mentally ill offenders in South Africa” 2018 PELJ Vol.18 No.1 2 Snyman CR Criminal Law 6th ed. (2014) LexisNexis (page 164).