Ntholi v R (CRI/A 59 of 88) [1989] LSCA 67 (12 June 1989)

Ntholi v R (CRI/A 59 of 88) [1989] LSCA 67 (12 June 1989)

Given the darkness at the time of the shooting and the unchallenged evidence of apprehension of attack, the appellant's version could be reasonably possibly true, warranting benefit of doubt and upholding the appeal.

Citation
[1989] LSCA 67
Parties
Appellant: Letlatsa Ntholi; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
12 June 1989
Case Number
CRI/A 59 of 88
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
Self Defence, Benefit of Doubt, Appeal
Source Language
English
Criminal Law Self Defence Benefit of Doubt Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Letlatsa Ntholi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant acted in self-defence
  2. 2 Whether the appellant's version of events is reasonably possibly true

Ratio Decidendi

Given the darkness at the time of the shooting and the unchallenged evidence of apprehension of attack, the appellant's version could be reasonably possibly true, warranting benefit of doubt and upholding the appeal.

Court Disposition

Appeal upheld

Orders

  • Appellant is given benefit of doubt
  • Conviction set aside