R v Mokoenya and Others (C of A (CRI) 7 of 2007) [2008] LSCA 12 (11 April 2008)

R v Mokoenya and Others (C of A (CRI) 7 of 2007) [2008] LSCA 12 (11 April 2008)

The appellants were properly convicted of murder on count 3 as the evidence established their presence, association, and satisfaction of all prerequisites for common purpose. However, there was insufficient evidence to establish their presence or participation in the murders of deceased 1 and 2, and the inference sought by the Crown was not the only reasonable inference from the facts.

Citation
[2008] LSCA 12
Parties
Appellant: Kubutu Mokoenya; Appellant: Sesinyi Mokoenya; Appellant: Bokang Leluma; Appellant: Tatolo Maketsi; Appellant: Tikisone Shale; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
11 April 2008
Case Number
C of A (CRI) 7 of 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal partially allowed
Legal Topics
Murder, Common Purpose, Evidence, Appeal
Source Language
English
Criminal Law Murder Common Purpose Evidence Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Kubutu Mokoenya

Appellant

Sesinyi Mokoenya

Appellant

Bokang Leluma

Appellant

Tatolo Maketsi

Appellant

Tikisone Shale

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants were properly convicted of murder on the basis of common purpose for all three counts
  2. 2 Whether the evidence established the presence and participation of the appellants in the murders of deceased 1 and 2

Ratio Decidendi

The appellants were properly convicted of murder on count 3 as the evidence established their presence, association, and satisfaction of all prerequisites for common purpose. However, there was insufficient evidence to establish their presence or participation in the murders of deceased 1 and 2, and the inference sought by the Crown was not the only reasonable inference from the facts.

Court Disposition

appeal partially allowed

Orders

  • The appeal against conviction and sentence on counts 1 and 2 is upheld.
  • The appeal against conviction and sentence on count 3 is dismissed.