Rex v Mokhupi (CRI/T/0034/2022) [2023] LSHC 8 (9 March 2023)

Rex v Mokhupi (CRI/T/0034/2022) [2023] LSHC 8 (9 March 2023)

The Crown failed to prove beyond reasonable doubt that the accused had the necessary intention to kill, but the accused ought reasonably to have foreseen the possibility of resultant death from their actions, thus they are guilty of culpable homicide.

Citation
[2023] LSHC 8
Parties
Prosecution: Rex; Accused: Khothatso Mokhupi; Accused: Khupiso Paki; Accused: Moreka Ntsema; Accused: Khomo Mafike; Accused: Rethabile Ntoa Lefatsa
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 March 2023
Case Number
CRI/T/0034/2022
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused persons found guilty of culpable homicide and each sentenced to four years imprisonment without an option of a fine.
Legal Topics
Murder, Culpable Homicide, Intention (dolus Directus and Dolus Eventualis), Sentencing, Common Purpose
Source Language
English
Criminal Law Murder Culpable Homicide Intention (dolus Directus and Dolus Eventualis) Sentencing Common Purpose

Case Brief

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Parties

Rex

Prosecution

Khothatso Mokhupi

Accused

Khupiso Paki

Accused

Moreka Ntsema

Accused

Khomo Mafike

Accused

Rethabile Ntoa Lefatsa

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused had the intention to kill (murder) or only culpable homicide
  2. 2 Whether the accused acted with common purpose
  3. 3 Whether the Crown proved its case beyond reasonable doubt

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that the accused had the necessary intention to kill, but the accused ought reasonably to have foreseen the possibility of resultant death from their actions, thus they are guilty of culpable homicide.

Court Disposition

Accused persons found guilty of culpable homicide and each sentenced to four years imprisonment without an option of a fine.

Orders

  • Each accused is sentenced to four (4) years imprisonment without an option of a fine.