Rex V Rants'o TSoho (CRI/T/0070/2018) [2023] LSHC 255 (25 October 2023)

Rex V Rants'o TSoho (CRI/T/0070/2018) [2023] LSHC 255 (25 October 2023)

The accused exceeded the limits of private defence by fatally shooting the deceased in the head when less lethal means were available, making him guilty of culpable homicide. His remorse, compensation offer, and first offender status justified a wholly suspended sentence with conditions.

Citation
[2023] LSHC 255
Parties
Prosecution: Rex; Accused: Rantšo Tsoho
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 October 2023
Case Number
CRI/T/0070/2018
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Guilty of culpable homicide; sentenced to five years imprisonment wholly suspended for three years on conditions.
Legal Topics
Murder, Culpable Homicide, Private Defence, Sentencing, Compensation
Source Language
English
Criminal Law Murder Culpable Homicide Private Defence Sentencing Compensation

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Parties

Rex

Prosecution

Rantšo Tsoho

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused is guilty of murder or culpable homicide
  2. 2 Whether the accused exceeded the limits of private defence
  3. 3 Appropriate sentence for culpable homicide

Ratio Decidendi

The accused exceeded the limits of private defence by fatally shooting the deceased in the head when less lethal means were available, making him guilty of culpable homicide. His remorse, compensation offer, and first offender status justified a wholly suspended sentence with conditions.

Court Disposition

Guilty of culpable homicide; sentenced to five years imprisonment wholly suspended for three years on conditions.

Orders

  • Accused to compensate the deceased's family with M15,000.00 within six months.
  • Accused not to commit an offence involving violence during the suspension period.