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Criminal procedure (sentence) — Mental Health Act 1976 — s 28 (1) — special verdict — appeal court requesting psychiatric investigation — inordinate delay by psychiatrists in complying with request.
The appellant, without any motive, killed his wife whom he loved. The appellant had behaved in a strange manner. The Supreme Court ordered that the appellant be thoroughly examined by two qualified psychiatrists to determine the mental state of the appellant when he killed his wife and whether he suffered from a defect of mind or diminished responsibility at the time. On the basis of the psychiatrists' reports, the court returned a special verdict in terms of s 28 (1) of the Mental Health Act 1976. The court commented upon the inordinate delay in the mental examination being carried out. The request for the psychiatric report was made in late 1987 and the psychiatric reports were only compiled in mid-1992.
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