The State v Lucky Ncube

On 14 May 2021, the accused, Lucky Ncube, aged 19 years, went to the homestead of the deceased, Angel Nkomo, a 5-year-old child, at Mapanda Village, Chief Mabhikwa, Lupane. At around 07:00 hours, while the deceased and her siblings were playing in the yard and their grandmother Evelyn Mlalazi had gone to the fields, the accused grabbed the deceased by her legs and dragged her out of the yard to a nearby bush. The accused stabbed the deceased seven times on the stomach and slit her throat with a knife. After killing the deceased, the accused returned to his homestead where he was seen by his sister Emmaculate holding a blood-stained knife and wearing clothes with blood stains. The accused then disappeared into the bush. The deceased was discovered by her grandmother Evelyn on her way home from the fields. The accused later handed himself over to the police. A post-mortem report listed the cause of death as hypovolemic shock, laceration of the jugular artery and degloving. A psychiatric report by Dr. Elena Poskotchinova from Ingutsheni Central Hospital found that at the time of the alleged crime, the accused was suffering from Schizophrenia and Substance Use Disorder (Substance Induced Psychosis).

• Whether the accused unlawfully caused the death of the deceased
• Whether the accused could be held criminally liable for his conduct given his mental state at the time of the offence
• Whether a special verdict should be returned in terms of section 29(2)(a) of the Mental Health Act due to the accused's mental disorder

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 15:12).

Where an accused person was suffering from a mental disorder (Schizophrenia and Substance Use Disorder) at the time of committing an alleged offence such that he did not appreciate the wrongfulness of his conduct, he cannot be held legally responsible for his actions. In such circumstances, the court must return a special verdict in terms of section 29(2)(a) of the Mental Health Act that the accused is not guilty by reason of insanity. Expert psychiatric evidence establishing that the accused was mentally disturbed to such an extent that he could not be held responsible for his conduct is determinative of the issue of criminal capacity.

The court noted that the accused was dangerous to society and needed a special verdict to be returned. The expert opinion stated that the accused required treatment at a special institution. While the accused pleaded guilty to the charge, counsel explained that the accused could not be held criminally liable due to his mental disorder at the time of the offence, which submission was accepted by both the State and the Defence in their joint statement of agreed facts.

This case demonstrates the application of the insanity defence in Zimbabwean criminal law and the procedural requirements for returning a special verdict under section 29(2)(a) of the Mental Health Act. It illustrates how expert psychiatric evidence is crucial in establishing mental disorder at the time of the commission of an offence, and how such evidence can negate criminal liability even in cases involving serious violent crimes such as murder. The case also highlights the court's approach to balancing public safety concerns (by ordering detention in a special institution) with the legal principle that persons who lack criminal capacity due to mental disorder should not be held criminally responsible for their actions.