THE STATE v ZILOLWAZI SIQEDENI NDLOVU

HB 93/21

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Case Details

Court

Bulawayo High Court

Date

26 May 2021

Citation

HB 93/21

Neutral Citation

[2021] ZWHB 93

Outcome

unknown

Case Type

Trial

Bench

Presiding

Makonese J

Full Bench

Makonese JMr P. Damba (Assessor)Mr J. Sobantu (Assessor)

Areas of Law

Criminal LawMental Health Law

Keywords

MurderInsanityNeurocognitive DisorderTransient PsychosisSpecial Verdict

Key Issues

{"issue_text":"Whether the accused lacked the requisite mental capacity to commit the offence by reason of insanity","issue_type":"fact","dispositive":"yes","related_facts":"Psychiatrist's report, accused's behavior, hallucinations"}
{"issue_text":"Whether a special verdict of not guilty by reason of insanity is appropriate","issue_type":"law","dispositive":"yes","related_facts":"All facts admitted"}
{"issue_text":"Whether the accused should be released into society under section 29(2)(c) of the Mental Health Act","issue_type":"procedural","dispositive":"no","related_facts":"Lack of current medical evidence on recovery"}

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background

Facts of the Case

Background

The accused, a 50-year-old HIV positive woman, strangled her 3-year-old child while suffering from hallucinations and transient psychosis. She admitted the act but claimed she lacked mental capacity. A psychiatrist's report confirmed she was suffering from a neurocognitive disorder and did not appreciate the wrongfulness of her actions at the time.

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