R v khemi (CRI/T 80 of 91) [1996] LSHC 46 (29 March 1996)

R v khemi (CRI/T 80 of 91) [1996] LSHC 46 (29 March 1996)

The accused's explanation for the blood on his clothes was found to be false beyond reasonable doubt. Forensic evidence established the blood was from the deceased. The accused's prior conduct and presence at the scene, combined with the lack of credible alternative explanation, proved his guilt for murder beyond...

Source-derived case information.

Citation
[1996] LSHC 46
Parties
Prosecution: Rex; Accused: Tefo Khemi
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 March 1996
Case Number
CRI/T 80 of 91
Procedural Posture
Criminal / Judgment
Outcome
convicted of murder with extenuating circumstances
Legal Topics
Murder, Evidence, Forensic Science, Dolus Eventualis, Extenuating Circumstances
Source Language
english
Criminal Law Murder Evidence Forensic Science Dolus Eventualis Extenuating Circumstances

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Tefo Khemi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused murdered 'Mamosele Taoana
  2. 2 Whether the blood on the accused's clothes was from the deceased
  3. 3 Whether the accused's explanation for the blood is credible

Ratio Decidendi

The accused's explanation for the blood on his clothes was found to be false beyond reasonable doubt. Forensic evidence established the blood was from the deceased. The accused's prior conduct and presence at the scene, combined with the lack of credible alternative explanation, proved his guilt for murder beyond reasonable doubt.

Court Disposition

convicted of murder with extenuating circumstances

Orders

  • Accused found guilty of murder
  • Accused sentenced to fifteen years' imprisonment