the defence says, at the time of the incident.. the accused was not suffering a criminal incapacity..
I however , do not agree.. the accused may not have raised the issue that he was criminally responsible at the time of the incident, but evidence clearly raised on his behalf cannot be ignored..
re Dr Vorster' evidence.
Voster compiled a comprehensive report.. how his social and professional life shaped his personality. her focus was on his diagnosis. which may have affected his conduct on feb 14. she repeated this under oath.
it is necessary to focus on incidents .. Vorster said, he is hypervigilnant, constantly looking around for any kind of threat.. when dealing with the incident. Mr P , believed he faced an intruder, and had , consequently, escalated levels of anxiety.. Counsel asked, re his vulnerability. his physical vulneravbility makes him more anxious.
Voster said , he has a long history of anxiety provoking incidents. these factors were all operating at the time of the offence, and would have been compounded by his physical disability.
Mr P is MORE likely to respond with a fight response rather than a flight response..
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