R v Moabi (CRI/T 144 of 17) [2019] LSHC 57 (12 December 2019)

R v Moabi (CRI/T 144 of 17) [2019] LSHC 57 (12 December 2019)

The accused inflicted intrinsically dangerous wounds which were the operating and substantial cause of death. The absence of blood transfusion or alleged substandard medical treatment did not break the chain of causation. The accused was the aggressor and did not act in self-defence. Extenuating circumstances...

Source-derived case information.

Citation
[2019] LSHC 57
Parties
Prosecution: Rex; Accused: Tanki Moabi
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 December 2019
Case Number
CRI/T 144 of 17
Procedural Posture
Criminal / Judgment
Outcome
guilty of murder with extenuating circumstances
Legal Topics
Murder, Causation, Novus Actus Interveniens, Self Defence, Extenuating Circumstances, Sentencing
Source Language
english
Criminal Law Murder Causation Novus Actus Interveniens Self Defence Extenuating Circumstances Sentencing

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Parties

Rex

Prosecution

Tanki Moabi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused caused the death of the deceased
  2. 2 Whether inadequate medical treatment constituted a novus actus interveniens breaking the chain of causation
  3. 3 Whether the accused acted in self-defence

Ratio Decidendi

The accused inflicted intrinsically dangerous wounds which were the operating and substantial cause of death. The absence of blood transfusion or alleged substandard medical treatment did not break the chain of causation. The accused was the aggressor and did not act in self-defence. Extenuating circumstances existed due to the accused's background and lack of maturity, reducing his moral blameworthiness.

Court Disposition

guilty of murder with extenuating circumstances

Orders

  • Accused sentenced to eighteen years imprisonment, reduced by three years and seven months spent in jail awaiting trial.
  • Exhibit 1 forfeited to the state for destruction by the police.