Rabobojane v R (CRI/A 24 of 89) [1989] LSCA 108 (8 September 1989)

Rabobojane v R (CRI/A 24 of 89) [1989] LSCA 108 (8 September 1989)

The injury in count 2 was too minor to prove intent to cause grievous bodily harm beyond reasonable doubt; conviction for assault with intent to do grievous bodily harm set aside and substituted with common assault and a new sentence imposed.

Source-derived case information.

Citation
[1989] LSCA 108
Parties
Appellant: Thabiso Rabobojane; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
8 September 1989
Case Number
CRI/A 24 of 89
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed in count 1; appeal upheld in count 2 to the extent of substituting conviction and sentence
Legal Topics
Assault, Sentencing, Intent to Do Grievous Bodily Harm, Common Assault
Source Language
english
Criminal Law Assault Sentencing Intent to Do Grievous Bodily Harm Common Assault

Source-derived case record

Summary, issues, holding and outcome

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Parties

Thabiso Rabobojane

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for assault with intent to do grievous bodily harm and common assault were appropriate given the facts and injuries sustained
  2. 2 Whether the conviction for assault with intent to do grievous bodily harm in count 2 was supported by evidence of intent

Ratio Decidendi

The injury in count 2 was too minor to prove intent to cause grievous bodily harm beyond reasonable doubt; conviction for assault with intent to do grievous bodily harm set aside and substituted with common assault and a new sentence imposed.

Court Disposition

appeal dismissed in count 1; appeal upheld in count 2 to the extent of substituting conviction and sentence

Orders

  • Conviction and sentence in count 2 set aside and substituted with conviction for common assault and sentence of M150-00 or five months' imprisonment
  • Appeal against sentence in count 1 dismissed