R v Motlohi Maliehe (CRI/A 6 of 10) [2010] LSHC 115 (29 November 2010)

R v Motlohi Maliehe (CRI/A 6 of 10) [2010] LSHC 115 (29 November 2010)

The evidence, including corroborated witness testimony and the medical report, established that the respondent assaulted the complainant, but not to the degree required for assault with intent to cause grievous bodily harm. The trial court erred in acquitting the respondent; a conviction for common assault is appropriate.

Citation
[2010] LSHC 115
Parties
Appellant: Rex; Respondent: Motlohi Maliehe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 November 2010
Case Number
CRI/A 6 of 10
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Assault, Appeal Procedure, Evidence Assessment
Source Language
English
Criminal Law Assault Appeal Procedure Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Appellant

Motlohi Maliehe

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in acquitting the respondent on a charge of assault with intent to cause grievous bodily harm
  2. 2 Whether the evidence supported a conviction for assault (common)

Ratio Decidendi

The evidence, including corroborated witness testimony and the medical report, established that the respondent assaulted the complainant, but not to the degree required for assault with intent to cause grievous bodily harm. The trial court erred in acquitting the respondent; a conviction for common assault is appropriate.

Court Disposition

appeal allowed

Orders

  • Acquittal of the respondent set aside.
  • Verdict of guilty of assault (common) substituted.