Rex v Nthane (CRI/T/0009/2020) [2022] LSHC 18 (11 May 2022)

Rex v Nthane (CRI/T/0009/2020) [2022] LSHC 18 (11 May 2022)

The prosecution failed to present prima facie evidence that the accused intentionally or unlawfully killed the deceased, or was negligent. No witness saw the accused shoot the deceased, the explanation that the shooting was accidental was unchallenged, and forensic evidence did not contradict the accused's version. There was no evidence upon which a reasonable court might convict, so the accused was entitled to a discharge.

Citation
[2022] LSHC 18
Parties
Prosecution: Rex; Accused: Ts’eliso Nthane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 May 2022
Case Number
CRI/T/0009/2020
Procedural Posture
Criminal / Application for Discharge at Close of Prosecution Case
Outcome
application for discharge granted; accused acquitted
Legal Topics
Murder, Application for Discharge, Fair Trial, Presumption of Innocence, Drafting of Charges
Source Language
English
Criminal Law Murder Application for Discharge Fair Trial Presumption of Innocence Drafting of Charges

Case Brief

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Parties

Rex

Prosecution

Ts’eliso Nthane

Accused

Procedural Posture

Criminal / Application for Discharge at Close of Prosecution Case

Legal Issues

  1. 1 Whether there is prima facie evidence that the accused committed murder or any other offence for which he might be convicted
  2. 2 Whether the prosecution established the essential elements of murder against the accused
  3. 3 Whether the accused's constitutional rights to a fair trial and to be presumed innocent were upheld

Ratio Decidendi

The prosecution failed to present prima facie evidence that the accused intentionally or unlawfully killed the deceased, or was negligent. No witness saw the accused shoot the deceased, the explanation that the shooting was accidental was unchallenged, and forensic evidence did not contradict the accused's version. There was no evidence upon which a reasonable court might convict, so the accused was entitled to a discharge.

Court Disposition

application for discharge granted; accused acquitted

Orders

  • Accused is discharged and acquitted.
  • The .45 auto pistol (EXH 2A) to be released to the accused as he is in lawful possession of it.