R v Thai (CRI/T 34 of 5) [2017] LSHC 36 (12 December 2017)

R v Thai (CRI/T 34 of 5) [2017] LSHC 36 (12 December 2017)

The accused was identified at the scene by a credible witness, circumstantial evidence corroborated his presence and participation, and the defence of alibi was inconsistent and not credible. The Crown proved its case beyond reasonable doubt.

Citation
[2017] LSHC 36
Parties
Prosecution: Rex; Accused: Lekhooa Thai
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 December 2017
Case Number
CRI/T 34 of 5
Procedural Posture
Criminal / Final Judgment
Outcome
guilty as charged
Legal Topics
Murder, Attempted Murder, Identification, Alibi, Circumstantial Evidence, Sentencing
Source Language
English
Criminal Law Murder Attempted Murder Identification Alibi Circumstantial Evidence Sentencing

Case Brief

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Parties

Rex

Prosecution

Lekhooa Thai

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused was at the scene and participated in the offences charged
  2. 2 Whether the identification of the accused was accurate
  3. 3 Whether the defence of alibi was credible

Ratio Decidendi

The accused was identified at the scene by a credible witness, circumstantial evidence corroborated his presence and participation, and the defence of alibi was inconsistent and not credible. The Crown proved its case beyond reasonable doubt.

Court Disposition

guilty as charged

Orders

  • Twenty (20) years imprisonment without fine for murder (Count I)
  • Eight (8) years imprisonment without fine for attempted murder (Count II)