R v Chondile (CRI/T 12 of 2002) [2014] LSHC 69 (28 May 2014)

The prosecution failed to negative self-defence beyond reasonable doubt; the evidence established that the accused was attacked and acted in reasonable self-defence under the circumstances.

Citation: [2014] LSHC 69
Parties: Prosecution: Rex; Accused: Tsotleho Chondile
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 28 May 2014
Case Number: CRI/T 12 of 2002
Procedural Posture: Criminal / Judgment
Outcome: Accused found not guilty and discharged.
Legal Topics: Murder, Self Defence, Burden of Proof
Source Language: English

Criminal Law Murder Self Defence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1

Parties

Rex

Prosecution

Tsotleho Chondile

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused unlawfully and intentionally killed the deceased
2 Whether the accused acted in self-defence
3 Whether the prosecution discharged its onus to negative self-defence beyond reasonable doubt

Ratio Decidendi

The prosecution failed to negative self-defence beyond reasonable doubt; the evidence established that the accused was attacked and acted in reasonable self-defence under the circumstances.

Court Disposition

Accused found not guilty and discharged.