Mokhali v R (C of A (CRI) 2 of 1989) [1990] LSCA 120 (27 July 1990)

Mokhali v R (C of A (CRI) 2 of 1989) [1990] LSCA 120 (27 July 1990)

The appellant's conduct demonstrated intention to kill and sufficient control; the provocation was not such as to deprive an ordinary person of self-control or bear reasonable relationship to the killing; murder conviction upheld.

Citation
[1990] LSCA 120
Parties
Appellant: M. Mokhali; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
27 July 1990
Case Number
C of A (CRI) 2 of 1989
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Culpable Homicide
Source Language
English
Criminal Law Murder Provocation Culpable Homicide

Case Brief

Summary, issues, holding and outcome

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Parties

M. Mokhali

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had the requisite intention to kill for murder
  2. 2 Whether provocation reduced the offence to culpable homicide under section 3 of the Criminal Law (Homicide Amendment) Proclamation of 1959

Ratio Decidendi

The appellant's conduct demonstrated intention to kill and sufficient control; the provocation was not such as to deprive an ordinary person of self-control or bear reasonable relationship to the killing; murder conviction upheld.

Court Disposition

appeal dismissed