R v Saba (C of A (CRT) 3/93; CRI/T/81/90) [1995] LSCA 17 (13 January 1995)

R v Saba (C of A (CRT) 3/93; CRI/T/81/90) [1995] LSCA 17 (13 January 1995)

The evidence as a whole excluded the reasonable inference that the appellant did not know the deceased was tied to the horse, but did not prove beyond reasonable doubt that he had the subjective intention to kill. The appellant was therefore guilty of culpable homicide, not murder.

Citation
[1995] LSCA 17
Parties
Appellant: Costa Peter Saba; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
13 January 1995
Case Number
C of A (CRT) 3/93 ; CRI/T/81/90
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Conviction for murder set aside; appellant found guilty of culpable homicide; sentence of two years imprisonment confirmed.
Legal Topics
Murder, Culpable Homicide, Common Purpose, Police Misconduct, Recklessness, Intention
Source Language
English
Criminal Law Murder Culpable Homicide Common Purpose Police Misconduct Recklessness Intention

Case Brief

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Parties

Costa Peter Saba

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant knew the deceased was tied to the horse
  2. 2 Whether the appellant had the requisite intention for murder or was only negligent (culpable homicide)

Ratio Decidendi

The evidence as a whole excluded the reasonable inference that the appellant did not know the deceased was tied to the horse, but did not prove beyond reasonable doubt that he had the subjective intention to kill. The appellant was therefore guilty of culpable homicide, not murder.

Court Disposition

Conviction for murder set aside; appellant found guilty of culpable homicide; sentence of two years imprisonment confirmed.

Orders

  • Conviction for murder set aside
  • Appellant found guilty of culpable homicide