R v Ratsebe (C of A (CRI) 9 of 2003) [2004] LSCA 4 (7 April 2004)

R v Ratsebe (C of A (CRI) 9 of 2003) [2004] LSCA 4 (7 April 2004)

The appellant acted in self-defence and did not have the subjective intention to kill the deceased; the fatal injury to the deceased was not reasonably foreseeable, and the appellant was not negligent under the circumstances. Therefore, the convictions for murder and attempted murder cannot stand.

Citation
[2004] LSCA 4
Parties
Appellant: Retœlisitsoe Ratsebe; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
7 April 2004
Case Number
C of A (CRI) 9 of 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed; convictions and sentences set aside
Legal Topics
Murder, Culpable Homicide, Self Defence
Source Language
English
Criminal Law Murder Culpable Homicide Self Defence

Case Brief

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Parties

Retœlisitsoe Ratsebe

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant acted in self-defence when shooting the complainant
  2. 2 Whether the appellant was liable for murder or culpable homicide for the death of the deceased

Ratio Decidendi

The appellant acted in self-defence and did not have the subjective intention to kill the deceased; the fatal injury to the deceased was not reasonably foreseeable, and the appellant was not negligent under the circumstances. Therefore, the convictions for murder and attempted murder cannot stand.

Court Disposition

appeal allowed; convictions and sentences set aside

Orders

  • The appeal is allowed.
  • The convictions and sentences are set aside.