R v Papali (CRI/T 17 of 93) [1996] LSHC 47 (29 March 1996)

R v Papali (CRI/T 17 of 93) [1996] LSHC 47 (29 March 1996)

The accused was extremely provoked by the unlawful and wrongful acts of the deceased, who attempted to repossess property without legal process, causing him to lose self-control and act in the heat of passion. The requirements of the Criminal Law (Homicide Amendment) Proclamation No. 42 of 1959 were met, reducing the offence from murder to culpable homicide.

Citation
[1996] LSHC 47
Parties
Prosecution: Rex; Accused: Samuel M. Papali
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 March 1996
Case Number
CRI/T 17 of 93
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
Convicted of culpable homicide on both counts.
Legal Topics
Murder, Culpable Homicide, Provocation, Self Help, Sentencing
Source Language
English
Criminal Law Murder Culpable Homicide Provocation Self Help Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rex

Prosecution

Samuel M. Papali

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the accused was provoked to the extent that the offence is reduced from murder to culpable homicide

Ratio Decidendi

The accused was extremely provoked by the unlawful and wrongful acts of the deceased, who attempted to repossess property without legal process, causing him to lose self-control and act in the heat of passion. The requirements of the Criminal Law (Homicide Amendment) Proclamation No. 42 of 1959 were met, reducing the offence from murder to culpable homicide.

Court Disposition

Convicted of culpable homicide on both counts.

Orders

  • Accused sentenced to four years' imprisonment on each count, with two years of each count suspended for three years on condition of no conviction for culpable homicide during suspension period.
  • Sentences to run concurrently.