S v Hamutenya (3) (CC 8 of 2019) [2021] NAHCNLD 27 (15 March 2021)

S v Hamutenya (3) (CC 8 of 2019) [2021] NAHCNLD 27 (15 March 2021)

The accused committed the acts alleged but, at the time, was suffering from schizophrenia, a mental defect, and was incapable of appreciating the wrongfulness of his acts or acting in accordance with such appreciation. Therefore, he is not criminally responsible for the offences charged and must be detained as...

Source-derived case information.

Citation
[2021] NAHCNLD 27
Parties
Prosecutor: The State; Accused: Venosius Hamutenya
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
15 March 2021
Case Number
CC 8 of 2019
Procedural Posture
Criminal / Judgment
Outcome
Not guilty by reason of mental illness or mental defect
Legal Topics
Murder, Assault by Threat, Common Assault, Mental Illness Defence, Criminal Responsibility, Domestic Violence
Source Language
english
Criminal Law Mental Health Law Murder Assault by Threat Common Assault Mental Illness Defence Criminal Responsibility Domestic Violence

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Parties

The State

Prosecutor

Venosius Hamutenya

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was criminally responsible for his actions at the time of the offences due to mental illness or defect
  2. 2 Whether the accused appreciated the wrongfulness of his acts or could act in accordance with such appreciation
  3. 3 Whether the accused committed the acts alleged in the indictment

Ratio Decidendi

The accused committed the acts alleged but, at the time, was suffering from schizophrenia, a mental defect, and was incapable of appreciating the wrongfulness of his acts or acting in accordance with such appreciation. Therefore, he is not criminally responsible for the offences charged and must be detained as provided by law.

Court Disposition

Not guilty by reason of mental illness or mental defect

Orders

  • The accused is found not guilty on counts 1, 2, 3 and 4 by reason of mental illness or mental defect in terms of section 78(6) of the Criminal Procedure Act, 1977 (Act 51 of 1977) as amended.
  • The accused is ordered to be detained in a mental hospital or a prison pending the signification of the decision of the President.