THE STATE v MAPIWA NCUBE

HB 228/23

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Case Details

Court

Bulawayo High Court

Date

18 September 2023

Citation

HB 228/23

Neutral Citation

[2023] ZWHB 228

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMRS BAYE (Assessor)MR MATEMBA (Assessor)

Areas of Law

Criminal LawMental Health Law

Keywords

MurderInsanityMental DisorderSpecial VerdictMlondolozi Special Institute

Key Issues

{"issue_text":"Whether the accused should be found not guilty by reason of insanity under section 29(2) of the Mental Health Act.","issue_type":"law","dispositive":"yes","related_facts":"Psychiatric evidence of substance-induced psychosis; accused's lack of responsibility for actions"}

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background

Facts of the Case

Background

On 10 December 2021, the accused struck his cousin, Nkosiyazi Mpofu, with an axe, trampled on his head, and assaulted him with an iron bar and sjambok, causing his death. The accused claimed the deceased was bewitching him. A psychiatrist found the accused suffered from substance-induced psychosis and was not highly responsible for his actions.

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