S v Lisius (CC 06/2023) [2024] NAHCNLD 111 (14 October 2024)

Case Title:

The State v Stephanus Nambili Lisius

Case No:

CC 06/2023

Coram: Kesslau J

Division of Court:

High Court, Northern Local Division

Heard: 14 October 2024

Ex tempore ruling delivered:

14 October 2024

Neutral citation: S v Lisius (CC 6/2023) [2024] NAHCNLD 114 (14 October 2024)

Orders:

1. In terms of s 78(6) of the Criminal Procedure Act 51 of 1977, as amended, (the CPA) Stephanus Nambili Lisius is found not guilty on count 1; count 2; count 3 and count 4, by reason of a mental defect and it is directed that he be detained in a mental hospital or a correctional facility pending the signification of the decision of the State President.

2. The bail is refunded to the depositor.

Reasons for the order:

[1] The accused stands charged with (1) Murder (read with the provisions of the Combating of Domestic Violence Ac 4 of 2003); (2) Common assault (read with the provisions of the Combating of Domestic Violence Act 4 of 2003); (3) Contravening section 35(1) of the Police Act 19 of 1990: Assault on a member of the force and; (4) Contravening section 35(1) of the Police Act 19 of 1990: Assault on a member of the force. He pleaded not guilty to all counts by reason of mental defect or illness.

[2] Subsequent to his appearance before this court, the accused was referred for psychiatric evaluation in terms of sections 77(1) and 78(2) of the Criminal Procedure Act 51 of 1977 (the CPA).

[3] A psychiatric evaluation report¹, dated 13 October 2022, issued by Dr Ndjaba in terms of s 79 of the CPA, was received into evidence. According to the report, the accused is capable of understanding court proceedings and thus fit to stand trial. However, at the time of the commission of the alleged offences charged, the accused suffered from a mental defect and a mental disorder, i.e. schizophrenia which rendered him incapable of appreciating the wrongfulness of his actions. He was accordingly found not to be accountable for his actions.

[4] This court, by virtue of s 78(6) of the CPA, was presented with evidence to the effect showing that the accused committed the acts as per the charges set out in the indictment. Furthermore, as per the findings by Dr Ndjaba in the psychiatric evaluation report, the court is satisfied that the accused, at the time of so acting, was, by reason of a mental defect and a mental disorder, not criminally responsible for his actions.

[5] It is thus ordered:

1. In terms of s 78(6) of the Criminal Procedure Act 51 of 1977, as amended, Stephanus Nambili Lisius is found not guilty on count 1; count 2; count 3 and count 4, by reason of a mental defect and it is directed that he be detained in a mental hospital or a correctional facility pending the signification of the decision of the State President.

2. The bail is refunded to the depositor.

Judge(s) signature

Comments:

KESSLAU J:

None

M T N Hasheela

Office of the Prosecutor-General

Oshakati

N Tjirera

Directorate of Legal Aid

Opuwo