R v Kulehile (CRI/T 40 of 7) [2018] LSHC 33 (7 May 2018)

R v Kulehile (CRI/T 40 of 7) [2018] LSHC 33 (7 May 2018)

The accused was found to have been in possession of the firearm used to shoot the deceased, failed to provide an explanation for this, and the circumstantial evidence established beyond reasonable doubt that he was the shooter. His conduct was reckless as to whether death would result, satisfying the intent for...

Source-derived case information.

Citation
[2018] LSHC 33
Parties
Prosecution: Rex; Accused: Mosaletsane Kulehile
Court
High Court
Jurisdiction
Lesotho
Judgment Date
7 May 2018
Case Number
CRI/T 40 of 7
Procedural Posture
Criminal / Judgment
Outcome
Guilty on both counts
Legal Topics
Murder, Unlawful Possession of Firearm, Circumstantial Evidence, Right to Silence
Source Language
english
Criminal Law Murder Unlawful Possession of Firearm Circumstantial Evidence Right to Silence

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Mosaletsane Kulehile

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully killed the deceased with intent to kill
  2. 2 Whether the accused was in unlawful possession of a firearm without a certificate

Ratio Decidendi

The accused was found to have been in possession of the firearm used to shoot the deceased, failed to provide an explanation for this, and the circumstantial evidence established beyond reasonable doubt that he was the shooter. His conduct was reckless as to whether death would result, satisfying the intent for murder. He also failed to produce a firearm certificate, proving unlawful possession.

Court Disposition

Guilty on both counts

Orders

  • Accused found guilty of murder
  • Accused found guilty of unlawful possession of a firearm