R v Lepeli (CRI/T 11 of 84) [1984] LSCA 146 (21 December 1984)

The accused's act of shooting at the vehicle, resulting in the death of a child, was grossly negligent and reckless, not justified by law or necessity, and thus amounts to culpable homicide.

Citation: [1984] LSCA 146
Parties: Plaintiff: Rex; Defendant: Tsitso Lepeli
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 21 December 1984
Case Number: CRI/T 11 of 84
Procedural Posture: Criminal / Judgment
Outcome: Guilty of culpable homicide
Legal Topics: Murder, Culpable Homicide, Police Use of Force, Negligence
Source Language: English

Criminal Law Murder Culpable Homicide Police Use of Force Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Plaintiff

Tsitso Lepeli

Defendant

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused unlawfully and intentionally killed the deceased
2 Whether the accused's actions were justified under law
3 Whether the accused acted with gross negligence amounting to culpable homicide

Ratio Decidendi

The accused's act of shooting at the vehicle, resulting in the death of a child, was grossly negligent and reckless, not justified by law or necessity, and thus amounts to culpable homicide.

Court Disposition

Guilty of culpable homicide

Orders

The accused is found guilty of culpable homicide.