n South African Journal of Criminal Justice - Sentencing : recent case

Volume 23, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The role of diminished responsibility, as a factor that reduces culpability, was addressed in a couple of recent judgments. In 2009 (2) SACR 227 (SCA) the court stressed that, in contrast to temporary non-pathological criminal incapacity, diminished responsibility does not exclude culpability, but only reduces such culpability. This reduced culpability should be reflected in a reduced sentence (at para 4). Reduced culpability is established based on all the evidence in a case, even the accused's say so.

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