Incomplete Judgement ((NA) No.) [1990] LSCA 159 (17 October 1990)

Incomplete Judgement ((NA) No.) [1990] LSCA 159 (17 October 1990)

The accused were the aggressors, deliberately provoked the deceased, and after disarming him, continued to attack with dangerous weapons, showing recklessness as to whether death resulted. Their claim of self-defence was rejected as false. The court found them guilty of murder with extenuating circumstances due to dolus eventualis and the dispute over the field.

Citation
[1990] LSCA 159
Parties
Prosecutor: Crown; Accused: A1, A2, A3 (accused)
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
17 October 1990
Case Number
(NA) No.
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Guilty of murder with extenuating circumstances
Legal Topics
Murder, Self Defence, Culpable Homicide, Extenuating Circumstances
Source Language
English
Criminal Law Murder Self Defence Culpable Homicide Extenuating Circumstances

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Parties

Crown

Prosecutor

A1, A2, A3 (accused)

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused acted in self-defence
  2. 2 Whether the accused exceeded the bounds of reasonable self-defence
  3. 3 Whether the accused are guilty of murder or a lesser offence

Ratio Decidendi

The accused were the aggressors, deliberately provoked the deceased, and after disarming him, continued to attack with dangerous weapons, showing recklessness as to whether death resulted. Their claim of self-defence was rejected as false. The court found them guilty of murder with extenuating circumstances due to dolus eventualis and the dispute over the field.

Court Disposition

Guilty of murder with extenuating circumstances

Orders

  • Fourteen (14) years' imprisonment each for the accused
  • Exhibits forfeited to the Crown and to be destroyed by the police