S v Mandiko (836 of 2022) [2022] ZWHHC 836 (18 November 2022)

S v Mandiko (836 of 2022) [2022] ZWHHC 836 (18 November 2022)

The accused was found to have been mentally disordered at the time of the offence, supported by uncontested medical evidence, and is therefore not guilty because of insanity under s 29(2) of the Mental Health Act.

Citation
[2022] ZWHHC 836
Parties
Applicant: The State; Respondent: Rifias Mandiko
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 November 2022
Case Number
836 of 2022
Procedural Posture
Criminal Trial / Judgment
Outcome
Not guilty because of insanity
Legal Topics
Insanity Defence, Murder, Mental Disorder Procedures
Source Language
English
Criminal Law Mental Health Law Insanity Defence Murder Mental Disorder Procedures

Case Brief

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Parties

The State

Applicant

Rifias Mandiko

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused was mentally disordered at the time of committing the offence and thus not criminally responsible under s 29(2) of the Mental Health Act [Chapter 15:07]

Ratio Decidendi

The accused was found to have been mentally disordered at the time of the offence, supported by uncontested medical evidence, and is therefore not guilty because of insanity under s 29(2) of the Mental Health Act.

Court Disposition

Not guilty because of insanity

Orders

  • The accused shall be returned to Chikurubi Prison Psychiatric Unit for treatment.