THE STATE v PAUL JUBANE

HB 40/24

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Case Details

Court

Bulawayo High Court

Date

4 March 2024

Citation

HB 40/24

Neutral Citation

[2024] ZWHB 40

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal LawMental Health Law

Keywords

MurderInsanityMental DisorderSubstance Induced PsychosisSpecial Verdict

Key Issues

{"issue_text":"Whether the accused was suffering from a mental disorder at the time of the commission of the offence that negates criminal liability","issue_type":"fact","dispositive":"yes","related_facts":"The accused is a mental patient; psychiatric report concluded substance-induced psychosis; accused was mentally disturbed to such an extent that he should not be held legally responsible"}
{"issue_text":"Whether a special verdict of not guilty by reason of insanity should be returned in terms of section 29(2)(a) of the Mental Health Act","issue_type":"law","dispositive":"yes","related_facts":"The accused admitted causing death but pleaded insanity; psychiatric report supports mental disorder; State and Defence pray for special verdict"}

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background

Facts of the Case

Background

The accused, a 35-year-old mental patient, struck his 60-year-old mother, the deceased, twice on the head with an axe while she was working in her garden, causing her instant death. The accused admitted the act but pleaded lack of culpability due to mental illness, specifically substance-induced psychosis.

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