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Harare High Court

THE STATE v WILSON MPAKATA

HH 767-17

Case Details

Court
Harare High Court
Date
9 November 2017
Citation
HH 767-17
Neutral Citation
[2017] ZWHH 767
Judgment No.
CRB NO. 116/17
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderIntentInsanityDiminished ResponsibilityTraditional HealerTsikamutanda
Tags
MurderInsanity DefenceDiminished ResponsibilityTraditional Healers
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Mental Health Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused was insane at the time of commission of the offence under section 29(2) of the Mental Health Act","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim of possession by evil spirits, his actions after the killing"}
  • {"issue_text":"Whether the accused had diminished responsibility that could operate in mitigation","issue_type":"law","dispositive":"yes","related_facts":"Accused's consultation with traditional healer, claimed mental state"}
  • {"issue_text":"Whether the accused acted with intent to kill under section 47(1)(a) of the Criminal Law Code","issue_type":"law","dispositive":"yes","related_facts":"Use of axe on head, multiple strikes, destruction of evidence"}
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background
Facts of the Case

Background

The accused struck the deceased on the head with an axe multiple times, causing death. He claimed he was possessed by evil spirits after consulting a traditional healer (Tsikamutanda) who identified the deceased as the source of his misfortunes. The court found the accused's claims of insanity and diminished responsibility to be inconsistent with his actions and rejected them.
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