R v Ranoha (CRI/T 87 of 10) [2019] LSHC 61 (12 December 2019)

R v Ranoha (CRI/T 87 of 10) [2019] LSHC 61 (12 December 2019)

The accused (A4) participated in the initial assault but actively disassociated himself before the fatal acts continued by others. There was no evidence of intent to kill or continued participation, and no medical evidence established cause of death. Therefore, the accused is guilty only of assault common, not murder.

Citation
[2019] LSHC 61
Parties
Crown: Rex; 1st Accused: Kobong Ranoha; 2nd Accused: Tšeliso Tetsoane; 3rd Accused: Sekei Makhetha; 4th Accused: Maluke Nkiebe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 December 2019
Case Number
CRI/T 87 of 10
Procedural Posture
Criminal / Judgment After Trial
Outcome
Convicted of assault common; acquitted of murder
Legal Topics
Murder, Assault, Common Purpose, Change of Plea
Source Language
English
Criminal Law Murder Assault Common Purpose Change of Plea

Case Brief

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Parties

Rex

Crown

Kobong Ranoha

1st Accused

Tšeliso Tetsoane

2nd Accused

Sekei Makhetha

3rd Accused

Maluke Nkiebe

4th Accused

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the accused is guilty of murder or a lesser offence under the doctrine of common purpose
  2. 2 Whether a change of plea to a lesser offence in medias res is permissible without court consent

Ratio Decidendi

The accused (A4) participated in the initial assault but actively disassociated himself before the fatal acts continued by others. There was no evidence of intent to kill or continued participation, and no medical evidence established cause of death. Therefore, the accused is guilty only of assault common, not murder.

Court Disposition

Convicted of assault common; acquitted of murder

Orders

  • Accused sentenced to twelve months imprisonment without option of fine; sentence suspended for six months on condition of no further assault conviction.