Rex V Phaanyane (CRI/T/0069/2022) [2023] LSHC 88 (25 April 2023)

Rex V Phaanyane (CRI/T/0069/2022) [2023] LSHC 88 (25 April 2023)

The accused was unlawfully attacked, had reasonable grounds to fear for her life, and did not use excessive force in defending herself. The prosecution failed to disprove self-defence beyond reasonable doubt. The accused's actions were justified under the circumstances, and she is acquitted of murder.

Citation
[2023] LSHC 88
Parties
Prosecution: Rex; Accused: Khothatso Phaanyane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 April 2023
Case Number
CRI/T/0069/2022
Procedural Posture
Criminal / Judgment
Outcome
Acquittal
Legal Topics
Murder, Self Defence, Burden of Proof, Excessive Force
Source Language
English
Criminal Law Murder Self Defence Burden of Proof Excessive Force

Case Brief

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Parties

Rex

Prosecution

Khothatso Phaanyane

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused acted in self-defence
  2. 2 Whether the force used was excessive
  3. 3 Whether the prosecution proved murder beyond reasonable doubt

Ratio Decidendi

The accused was unlawfully attacked, had reasonable grounds to fear for her life, and did not use excessive force in defending herself. The prosecution failed to disprove self-defence beyond reasonable doubt. The accused's actions were justified under the circumstances, and she is acquitted of murder.

Court Disposition

Acquittal

Orders

  • The accused is found not guilty of murder and is acquitted.