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HMT52-19 - STATE vs PATRICK MAFAKE

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Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
Indictment-viz plea of guilty re triable issues raised during plea recording.
Charge-viz guilty plea proceedings re trial matters introduced during plea recording.
Procedural Law-viz rules of evidence re defences iro intention.
Procedural Law-viz defences re diminished mental capacity iro insanity.
Procedural Law-viz defences re intent iro establishment of mens rea.
Indictment-viz intention re establishment of mens rea.
Charge-viz intent re establishment of mens rea.
Murder-viz intention re establishment of mens rea.
Indictment-viz establishment of mens rea re persons lacking capacity to commit criminal offences iro mentally challenged accused persons.
Charge-viz intent re accused persons lacking capacity to commit a criminal offence iro mentally incapacitated persons.
Procedural Law-viz rules of evidence re findings of fact iro concessions between counsel.
Procedural Law-viz rules of evidence re findings of fact iro agreements between counsel.
Procedural Law-viz findings of fact re concessions between counsel iro Statement of Agreed Facts.
Procedural Law-viz findings of fact re agreements between counsel iro the Statement of Agreed facts.
Murder-viz cause of death re postmortem report.
Procedural Law-viz rules of evidence re expert evidence iro post mortem report.
Procedural Law-viz defences re diminished capacity iro insanity.
Procedural Law-viz diminished mental capacity re insanity iro section 29 of the Mental Health Act [Chapter 15:12].
Procedural Law-viz rules of evidence re expert opinion iro psychiatric evaluation.
Procedural Law-viz rules of evidence re admissions iro unchallenged evidence.
Procedural Law-viz rules of evidence re physical evidence iro murder weapon.

Indictment or Charge re: Plea of Guilty, Alteration of Pleas and Triable Issues Raised During Plea Recording


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

Findings of Fact re: Concessions or Agreements Between Counsel and the Abandonment of Concessions or Agreements


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Indictment or Charge re: Plea of Guilty iro Limited Plea, Plea Bargaining and Stated Case Proceedings


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Indictment or Charge re: Persons Lacking Capacity to Commit Criminal Offences and the Presumption of Doli Incapax


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Murder and Permissible or Competent Verdicts re: Approach, Intent, Motive, Corpse, Cause of Death & Inquest Proceedings


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Defence of Abandonment, Claim of Right, Mistake of Fact or Law and Establishment of Mens Rea or Intention


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Defence of Diminished Mental Responsibility or Diminished Capacity re: Substance Use, Intoxication and Insanity


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Expert Evidence, Opinion Evidence and Toolmark Evidence re: Approach and the Limited Expert Knowledge of the Court


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Corroborative Evidence re: Admissions, Unchallenged Evidence, Right to Examine Witnesses & Audi Alteram Partem Rule


The accused was charged with the crime of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the State alleges, that, on 29 May 2017, at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek, and on the side of the left eye from which she died.

The accused pleaded guilty, but, a plea of not guilty was entered; he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The State and defence prepared and produced a Statement of Agreed Facts which were admitted by the court and labelled exhibit 1.

According to the agreed facts, the accused is a male adult who resides at Dzingire Village, Chief Muusha Chimanimani in Manicaland Province. The deceased, Loyce Mafake, was his mother residing with the accused during her lifetime.

On 29 May 2017, the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek, and on the side of the left eye.

The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017, Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence, the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the State case reflects a horrendous, unprovoked assault consistent with mental incapacitation in view of the fact that the deceased was the accused's mother.

Doctor Patience Mavunganidze, a psychiatrist, formulated the expert opinion, that, the accused was mentally challenged at the time of the alleged offence; she further pointed out, that, the accused is now fit to stand trial.

The State proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exhibit 2.

(b) Postmortem report No.114363 C, marked exhibit 3.

(c) Weight certificate of the wooden log, marked exhibit 4.

(d) The sketch plan, marked exhibit 5.

(e) The wooden log weighing 1.5kg, marked exhibit 6.

Having looked at all the evidence led and produced by the State and also looking at the position taken by both the State and the defence, we are of the unanimous view, that, this is a suitable case for the return of a special verdict to the effect, that, the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered, and, in consultation with the father of the accused, Mr Wilson Mafake, it was also concluded that the accused needs further medical treatment.

Accordingly, the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12], the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.

Criminal Trial (Section 29 Mental Health Act [Chapter 12:12])

MUZENDA J: The accused was charged with the crime of Murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where the state alleges that on 29 May 2017 at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek and on the side of left eye from which she died.

The accused pleaded guilty but a plea of not guilty was entered, he added and qualified the plea by stating that he was not mentally stable when he committed the offence.

The state and defence prepared and produced a statement of agreed facts which were admitted by the court and labelled exh 1.

According to the agreed facts the accused is a male adult who resides at Dzingire Village, Chief Muusha Cimanimani in Manicaland province. The deceased, Loyce Mafake was his mother residing with accused during her lifetime.

On 29 May 2017 the accused assaulted the deceased with a log all over the body resulting in the deceased sustaining severe injuries on the chin, left cheek and on the side of the left eye. The deceased died on the spot.

Her body was conveyed to Chipinge mortuary. On 31 May 2017 Doctor K. P Guvheya carried out a post-mortem examination and concluded that the cause of death was due to basal skull fracture due to severe head injury. He compiled a post mortem report.

At the time of the commission of the offence the accused person was mentally disordered and unable to control himself such that he lacked criminal responsibility.

The account given in the summary of the state case reflects a horrendous unprovoked assault consisted with mental incapacitation in view of the fact that the deceased was accused's mother.

Doctor Patience Mavunganidze, a psychiatrist formulated the expert opinion that the accused was mentally challenged at the time of the alleged offence, she further pointed out that accused is now fit to stand trial.

The state proceeded to produce the following as exhibits by the consent of the defence:

(a) The psychiatric report, marked exh 2.

(b) Post-mortem report No.114363 C marked exh 3.

(c) Weight certificate of the wooden log marked exh 4.

(d) The sketch plan marked exh 5.

(e) The wooden log weighing 1.5kg marked exh 6.

Having looked at all the evidence led and produced by the state and also looking at the position taken by both the state and the defence we are of the unanimous view that this is a suitable case for the return of a special verdict to the effect that the accused is not guilty by reason of insanity as contemplated in section 29(2) of the Mental Health Act [Chapter 15:12].

The accused has not yet fully recovered and in consultation with the father of the accused Mr Wilson Mafake, it was also concluded that accused needs further medical treatment.

Accordingly the following order is returned:

In terms of section 29(2)(a) of the Mental Health Act [Chapter 15:12] the accused person is committed to Chikurubi Psychiatric Unit until he is discharged by a competent authority.


National Prosecuting Authority, State's legal practitioners

Mugadza, Chinzamba & Partners, accused's legal practitioners

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