Tankiso Moholisa v Rex (C of A (CRI) 2 of 2013) [2013] LSCA 33 (18 October 2013)

Tankiso Moholisa v Rex (C of A (CRI) 2 of 2013) [2013] LSCA 33 (18 October 2013)

The appellant joined in a murderous assault on the deceased after the fatal injury had likely already been inflicted. The Crown failed to prove that the appellant's conduct causally contributed to the death. Therefore, the appellant is guilty of attempted murder, not murder.

Citation
[2013] LSCA 33
Parties
Appellant: Tankiso Moholisa; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
18 October 2013
Case Number
C of A (CRI) 2 of 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part; conviction and sentence for murder set aside and substituted with conviction and sentence for attempted murder
Legal Topics
Murder, Attempted Murder, Dolus Eventualis, Causation, Sentencing
Source Language
English
Criminal Law Murder Attempted Murder Dolus Eventualis Causation Sentencing

Case Brief

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Parties

Tankiso Moholisa

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was guilty of murder or attempted murder given the timing of his participation in the assault
  2. 2 Whether the appellant's actions causally contributed to the death of the deceased
  3. 3 Appropriate sentence considering the delay in proceedings

Ratio Decidendi

The appellant joined in a murderous assault on the deceased after the fatal injury had likely already been inflicted. The Crown failed to prove that the appellant's conduct causally contributed to the death. Therefore, the appellant is guilty of attempted murder, not murder.

Court Disposition

appeal allowed in part; conviction and sentence for murder set aside and substituted with conviction and sentence for attempted murder

Orders

  • Conviction and sentence imposed by the Court a quo set aside
  • Substituted with conviction for attempted murder