R v Ntsokolo (C of A (CIV) 1 of 1994) [1995] LSCA 4 (1 January 1995)

R v Ntsokolo (C of A (CIV) 1 of 1994) [1995] LSCA 4 (1 January 1995)

The evidence did not establish beyond reasonable doubt that the appellant intended to kill or was criminally liable for the death of the deceased; however, his participation in the assaults with intent to cause grievous bodily harm was proven.

Source-derived case information.

Citation
[1995] LSCA 4
Parties
Appellant: Mohlolo Ntsokolo; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
1 January 1995
Case Number
C of A (CIV) 1 of 1994
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Murder, Assault With Intent to Do Grievous Bodily Harm, Common Purpose, Causation, Credibility of Witnesses
Source Language
english
Criminal Law Murder Assault With Intent to Do Grievous Bodily Harm Common Purpose Causation Credibility of Witnesses

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mohlolo Ntsokolo

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was involved in the assaults
  2. 2 Whether the appellant's involvement caused the death of the deceased
  3. 3 Whether the appellant had the intention to kill

Ratio Decidendi

The evidence did not establish beyond reasonable doubt that the appellant intended to kill or was criminally liable for the death of the deceased; however, his participation in the assaults with intent to cause grievous bodily harm was proven.

Court Disposition

appeal allowed in part

Orders

  • Conviction for murder on Count 1 set aside and substituted with conviction for assault with intent to do grievous bodily harm
  • Sentence of 8 years' imprisonment on Count 1 set aside and replaced with 18 months' imprisonment to run concurrently with sentences on Counts 2 and 3