Rex v Morabe (CRI/T/0018/2020) [2022] LSHC 90 (22 April 2022)

Rex v Morabe (CRI/T/0018/2020) [2022] LSHC 90 (22 April 2022)

The accused's admission was voluntary and admissible; his version was not credible as it was not put to Crown witnesses and was contradicted. The evidence did not prove subjective intention to kill but established negligence, amounting to culpable homicide.

Citation
[2022] LSHC 90
Parties
Prosecution: Rex; Accused: Rethabile Morabe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 April 2022
Case Number
CRI/T/0018/2020
Procedural Posture
Criminal Trial / Judgment
Outcome
Guilty of Culpable Homicide
Legal Topics
Murder, Culpable Homicide, Firearms Offences, Intoxication, Admissions and Confessions
Source Language
English
Criminal Law Murder Culpable Homicide Firearms Offences Intoxication Admissions and Confessions

Case Brief

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Parties

Rex

Prosecution

Rethabile Morabe

Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Admissibility of the accused's admission
  3. 3 Whether the accused had subjective intention to kill or acted negligently

Ratio Decidendi

The accused's admission was voluntary and admissible; his version was not credible as it was not put to Crown witnesses and was contradicted. The evidence did not prove subjective intention to kill but established negligence, amounting to culpable homicide.

Court Disposition

Guilty of Culpable Homicide

Orders

  • Accused sentenced to 6 years imprisonment, 1 year suspended for 2 years
  • The gun is forfeited to the state to be destroyed