R v Mahula (C of A (CRI) 4 of 1995) [1996] LSCA 74 (29 June 1996)

R v Mahula (C of A (CRI) 4 of 1995) [1996] LSCA 74 (29 June 1996)

The appellant's version was found to be false and improbable; the Crown's version was accepted as true. The appellant deliberately attempted to kill the complainant and was properly convicted. The sentence on count 2 exceeded the statutory maximum and was reduced to 1 year. The sentence of 6 years on count 1 was appropriate given the seriousness of the offence.

Citation
[1996] LSCA 74
Parties
Appellant: Mahula; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 June 1996
Case Number
C of A (CRI) 4 of 1995
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal against conviction dismissed; appeal against sentence on count 2 allowed in part
Legal Topics
Attempted Murder, Illegal Possession of Firearm, Sentencing, Self Defence
Source Language
English
Criminal Law Attempted Murder Illegal Possession of Firearm Sentencing Self Defence

Case Brief

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Parties

Mahula

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for attempted murder was proper
  2. 2 Whether the conviction for illegal possession of firearm and ammunition was proper
  3. 3 Whether the sentences imposed were appropriate

Ratio Decidendi

The appellant's version was found to be false and improbable; the Crown's version was accepted as true. The appellant deliberately attempted to kill the complainant and was properly convicted. The sentence on count 2 exceeded the statutory maximum and was reduced to 1 year. The sentence of 6 years on count 1 was appropriate given the seriousness of the offence.

Court Disposition

appeal against conviction dismissed; appeal against sentence on count 2 allowed in part

Orders

  • Conviction on both counts upheld
  • Sentence on count 1 (attempted murder) of 6 years imprisonment confirmed