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2011
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[2011] ZAGPJHC 161
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S v Vermaak (SS70/2010) [2011] ZAGPJHC 161 (3 October 2011)
NOT REPORTABLE
SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE NO
:SS70/2010
DATE
:03/10/2011
In the matter between
THE STATE
and
CHRISTIAN FRANS
VERMAAK
.........................................................................
Accused
J U D G M E N T
VAN OOSTEN J
:The accused pleaded guilty on count 1, to
murder, and on count 2, to theft. A list of admissions in terms of s
220 of Act 51 of
1977 (the CPA) was handed in and confirmed by the
accused as correct.
As I had some doubt as to the accused's mental capacity, I ordered,
on 24 May 2011, in terms of section 77 and 78 of the CPA,
that the
accused be referred to Sterkfontein Hospital, for mental observation.
The matter was thereafter postponed on a number of occasions. Today
the psychiatric report was by agreement handed in indicating
that the
accused had been under observation from 14 July to 25 August 2011.
The recorded unanimous view of the psychiatrists is
that the accused
is not suffering from mental illness, that he is fit to stand trial
and that at the time of the commission of
the offences, he was able
to appreciate the wrongfulness of his actions and able to act in
accordance therewith.
Having considered all the facts that have been placed before me, I
am satisfied that the accused intended to plead guilty and
that he in
fact is guilty.
The accused is accordingly found guilty on count 1, of murder, as
charged, and on count 2, of theft.
000//000