R v Molefe (C of A (CRI) 3 of 1994) [1995] LSCA 92 (1 July 1995)

The combination of provocation and drunkenness prevented proof beyond reasonable doubt of intent to kill, so the conviction should be for culpable homicide, not murder.

Citation: [1995] LSCA 92
Parties: Appellant: Mamolumeli Molefe; Respondent: Rex
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 1 July 1995
Case Number: C of A (CRI) 3 of 1994
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed; conviction and sentence for murder set aside; substituted with conviction for culpable homicide and reduced sentence
Legal Topics: Murder, Culpable Homicide, Provocation, Drunkenness, Sentencing
Source Language: English

Criminal Law Murder Culpable Homicide Provocation Drunkenness Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4

Parties

Mamolumeli Molefe

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant had the necessary intent to kill for murder
2 Whether the cause of death was proved to be the burns inflicted by the appellant
3 Whether provocation and drunkenness reduced the offence from murder to culpable homicide

Ratio Decidendi

The combination of provocation and drunkenness prevented proof beyond reasonable doubt of intent to kill, so the conviction should be for culpable homicide, not murder.

Court Disposition

appeal allowed; conviction and sentence for murder set aside; substituted with conviction for culpable homicide and reduced sentence

Orders

Appellant found guilty of culpable homicide
Sentenced to 5 years imprisonment, 2 years suspended for 3 years on condition of no offence involving violence during suspension period