Thamae v R (CR 3; CRI/A) [2002] LSCA 17 (15 March 2002)

Thamae v R (CR 3; CRI/A) [2002] LSCA 17 (15 March 2002)

The outline of facts did not disclose the offence and the admission of guilt was not unequivocal; a defence of self-defence was suggested and should have led to a plea of not guilty.

Citation
[2002] LSCA 17
Parties
Appellant: Mosothoane Thamae; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
15 March 2002
Case Number
CR 3 ; CRI/A
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Attempted Murder, Judicial Confession, Self Defence, Plea Procedure
Source Language
English
Criminal Law Attempted Murder Judicial Confession Self Defence Plea Procedure

Case Brief

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Parties

Mosothoane Thamae

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the outline of facts disclosed the offence of attempted murder
  2. 2 Whether the admission of guilt was unequivocal
  3. 3 Whether self-defence was properly considered

Ratio Decidendi

The outline of facts did not disclose the offence and the admission of guilt was not unequivocal; a defence of self-defence was suggested and should have led to a plea of not guilty.

Court Disposition

appeal allowed

Orders

  • Appellant to be tried de novo before another magistrate
  • Conditions relating to bail to revert