The State v Gladwin Moyo

On 16 September 2020, the accused, aged 31 years, was at the homestead of his 92-year-old grandfather, Nyanga Moyo (the deceased). The accused suddenly became quiet and responded harshly when talked to. At around 1000 hours he left, returning at 1800 hours with a pick and shovel which he threw down. He then returned with a half brick and stones and began pelting people at the homestead. The accused charged towards the deceased, threw stones at him, and when the deceased tried to stand using his walking stick but stumbled and fell, the accused took the walking stick and assaulted the deceased several times all over the body. The accused then picked up an axe and struck the deceased once on the left leg and once on the left arm. The accused was apprehended, disarmed and tied with a rope by other family members. The deceased was taken to Garanyemba clinic, then Gwanda Hospital, and finally referred to United Bulawayo Hospitals where he died on 14 October 2020. A post-mortem examination concluded the cause of death was septic shock, fracture of the radius and tibia, and assault. The accused was admitted to Mlondolozi Special Institute under section 26 of the Mental Health Act and examined by Dr Nemache Maware, a Consultant Psychiatrist, who opined that at the time of the alleged crime the accused was mentally disordered, suffering from paranoid schizophrenia, and did not appreciate the wrongfulness of his actions.

• Whether the accused committed the act that caused the death of the deceased
• Whether the accused was mentally disordered at the time of committing the act such that he could not be held criminally liable
• Whether a special verdict should be returned under section 29(2) of the Mental Health Act [Chapter 15:02]

1. The accused is found not guilty and acquitted by reason of insanity. 2. The accused is hereby returned to prison pending transfer to Mlondolozi Special Institution for further examination and treatment in terms of section 29(2)(a) of the Mental Health Act (Chapter 15:23).

Where an accused person commits an act constituting an offence but at the time of committing the act was mentally disordered such that they did not appreciate the wrongfulness of their actions, the court must return a special verdict in terms of section 29(2) of the Mental Health Act that the accused is not guilty by reason of insanity. Mental disorder, specifically paranoid schizophrenia accompanied by auditory hallucinations, paranoid delusions, and thought withdrawal as confirmed by expert psychiatric evidence, negates criminal capacity and therefore criminal liability for acts committed while in such a state.

The court noted that while the accused was mentally disordered at the time of the commission of the offence, he was fit to stand trial at the time of the hearing. The judgment emphasizes the distinction between mental capacity at the time of the offence (which determines criminal liability) and fitness to stand trial (which determines ability to participate in proceedings). The court also implicitly acknowledged the protective function of the Mental Health Act in ensuring that mentally disordered persons who commit criminal acts receive appropriate psychiatric treatment rather than punishment.

This case illustrates the application of the mental disorder defense in Zimbabwean criminal law, specifically the operation of section 29(2) of the Mental Health Act [Chapter 15:02]. It demonstrates how courts handle cases where an accused person commits a violent act resulting in death but is found to lack criminal capacity due to mental illness. The case reinforces the principle that criminal liability requires not only the commission of an unlawful act but also the requisite mental capacity to appreciate the wrongfulness of one's actions. It highlights the importance of psychiatric evidence in determining criminal responsibility and the court's power to return a special verdict of acquittal by reason of insanity while ensuring the accused receives appropriate psychiatric treatment and supervision.