R v Poosa (CRI/A 93 of 90) [1994] LSCA 48 (11 March 1994)

R v Poosa (CRI/A 93 of 90) [1994] LSCA 48 (11 March 1994)

The appellant did not possess the subjective intent to kill required for attempted murder; however, his actions met the objective standard for assault common, as he intentionally pointed and fired a rifle in a manner likely to cause fear or harm.

Citation
[1994] LSCA 48
Parties
Appellant: Tankiso Possa; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
11 March 1994
Case Number
CRI/A 93 of 90
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed in part; conviction for attempted murder quashed and substituted with assault common; sentence reinstated.
Legal Topics
Attempted Murder, Assault Common, Mens Rea, Intention, Objective Vs Subjective Test
Source Language
English
Criminal Law Attempted Murder Assault Common Mens Rea Intention Objective Vs Subjective Test

Case Brief

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Parties

Tankiso Possa

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant had the requisite mens rea for attempted murder
  2. 2 Whether the conviction for attempted murder was proper
  3. 3 Whether the appellant was guilty of assault common

Ratio Decidendi

The appellant did not possess the subjective intent to kill required for attempted murder; however, his actions met the objective standard for assault common, as he intentionally pointed and fired a rifle in a manner likely to cause fear or harm.

Court Disposition

Appeal dismissed in part; conviction for attempted murder quashed and substituted with assault common; sentence reinstated.

Orders

  • Verdict of attempted murder quashed and substituted with assault common.
  • Sentence of M100.00 or 6 months' imprisonment, half suspended for three years on condition of no further violent offence, reinstated.