R v Mothebe (CRI/T 13 of 94) [1996] LSHC 112 (20 November 1996)

R v Mothebe (CRI/T 13 of 94) [1996] LSHC 112 (20 November 1996)

The accused acted in self-defence in response to an unlawful attack by the deceased and did not exceed the limits of self-defence. The prosecution failed to establish a prima facie case for murder, and there was no evidence of common purpose between the accused.

Citation
[1996] LSHC 112
Parties
Prosecution: Rex; Accused: Maoke Maoke; Accused: Toka Mothebe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 November 1996
Case Number
CRI/T 13 of 94
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Murder, Self Defence, Acquittal
Source Language
English
Criminal Law Murder Self Defence Acquittal

Case Brief

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Parties

Rex

Prosecution

Maoke Maoke

Accused

Toka Mothebe

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused acted in self-defence
  2. 2 Whether the prosecution established a prima facie case for murder

Ratio Decidendi

The accused acted in self-defence in response to an unlawful attack by the deceased and did not exceed the limits of self-defence. The prosecution failed to establish a prima facie case for murder, and there was no evidence of common purpose between the accused.

Court Disposition

acquittal

Orders

  • The accused are found not guilty and are discharged.