Phumo v R (C of A (CRI) 7 of 90) [1991] LSCA 89 (26 July 1991)

Phumo v R (C of A (CRI) 7 of 90) [1991] LSCA 89 (26 July 1991)

The evidence did not prove beyond reasonable doubt that the appellant intended to kill the deceased or foresaw death as a probable result; the proper conviction is culpable homicide, not murder.

Citation
[1991] LSCA 89
Parties
Appellant: Phumo Phumo; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
26 July 1991
Case Number
C of A (CRI) 7 of 90
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction for murder set aside; conviction for culpable homicide substituted; sentence of 7 years' imprisonment imposed
Legal Topics
Murder, Culpable Homicide, Intention, Dolus Eventualis, Sentencing
Source Language
English
Criminal Law Murder Culpable Homicide Intention Dolus Eventualis Sentencing

Case Brief

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Parties

Phumo Phumo

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant had the requisite intention for murder or culpable homicide
  2. 2 Whether the evidence established murder beyond reasonable doubt
  3. 3 Appropriate sentence for the offence committed

Ratio Decidendi

The evidence did not prove beyond reasonable doubt that the appellant intended to kill the deceased or foresaw death as a probable result; the proper conviction is culpable homicide, not murder.

Court Disposition

conviction for murder set aside; conviction for culpable homicide substituted; sentence of 7 years' imprisonment imposed

Orders

  • The conviction and sentence of the Court a quo are set aside.
  • The accused is found guilty of culpable homicide.