Rex v Motsoane (CRI/T/0014/2018) [2022] LSHC 159 (12 December 2022)
The prosecution failed to prove beyond reasonable doubt that the accused shared a common purpose or directly participated in the killing of the deceased. The evidence was contradictory, unreliable, and did not establish the accused's guilt to the required standard. The benefit of doubt was given to the accused.
- Citation
- [2022] LSHC 159
- Parties
- Prosecution: Rex; Accused: Lebiletsa Motšoane; Accused: Thapelo Motšoane
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 12 December 2022
- Case Number
- CRI/T/0014/2018
- Procedural Posture
- Criminal / Judgment After Full Trial
- Outcome
- acquittal
- Legal Topics
- Murder, Common Purpose, Burden of Proof, Assessment of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Lebiletsa Motšoane
Accused
Thapelo Motšoane
Accused
Procedural Posture
Criminal / Judgment After Full Trial
Legal Issues
- 1 Whether the accused are guilty of murder under the doctrine of common purpose
- 2 Whether the prosecution proved its case beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused shared a common purpose or directly participated in the killing of the deceased. The evidence was contradictory, unreliable, and did not establish the accused's guilt to the required standard. The benefit of doubt was given to the accused.
Court Disposition
acquittal
Orders
- Accused is found not guilty.
- Exhibit 1 (axe) should be returned to the accused.
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