R v Khoaele Thinyane (CRI/T 150 of 2005) [2009] LSHC 55 (16 January 2009)

R v Khoaele Thinyane (CRI/T 150 of 2005) [2009] LSHC 55 (16 January 2009)

The accused intentionally shot the deceased with a lethal weapon, and the evidence established that he foresaw the possibility of causing death and was reckless as to the result. The killing was not justified under the law, as there was no lawful arrest in progress and no other means were exhausted. The accused is therefore guilty of murder.

Citation
[2009] LSHC 55
Parties
Prosecution: Rex; Accused: Khoalele Thinyane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 January 2009
Case Number
CRI/T 150 of 2005
Procedural Posture
Criminal / Judgment
Outcome
guilty of murder
Legal Topics
Murder, Culpable Homicide, Use of Force by Police, Intention in Homicide, Dolus Eventualis, Mitigation of Sentence
Source Language
English
Criminal Law Murder Culpable Homicide Use of Force by Police Intention in Homicide Dolus Eventualis Mitigation of Sentence

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Parties

Rex

Prosecution

Khoalele Thinyane

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the killing was justified under the Criminal Procedure and Evidence Act
  3. 3 Whether the accused had the requisite intention (dolus eventualis) for murder

Ratio Decidendi

The accused intentionally shot the deceased with a lethal weapon, and the evidence established that he foresaw the possibility of causing death and was reckless as to the result. The killing was not justified under the law, as there was no lawful arrest in progress and no other means were exhausted. The accused is therefore guilty of murder.

Court Disposition

guilty of murder

Orders

  • Accused found guilty of murder as charged.
  • Accused sentenced to 15 years imprisonment.