Lehloenya v R (CRI/A 28 of 99) [2000] LSCA 28 (8 February 2000)

Lehloenya v R (CRI/A 28 of 99) [2000] LSCA 28 (8 February 2000)

The appellant was the aggressor and not under unlawful attack; his version was not reasonably true and was contradicted by direct evidence. The trial magistrate did not misdirect herself, and the convictions were justified. Sentences were not harsh given the circumstances, but should run concurrently as offences occurred at the same time and place.

Citation
[2000] LSCA 28
Parties
Appellant: Tholang Lehloenya; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
8 February 2000
Case Number
CRI/A 28 of 99
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; convictions and sentences confirmed
Legal Topics
Attempted Murder, Assault With Intent to Cause Grievous Bodily Harm, Self Defence, Sentencing
Source Language
English
Criminal Law Attempted Murder Assault With Intent to Cause Grievous Bodily Harm Self Defence Sentencing

Case Brief

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Parties

Tholang Lehloenya

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant had the necessary intent for attempted murder and assault with intent to cause grievous bodily harm
  2. 2 Whether the appellant acted in self-defence
  3. 3 Whether the trial magistrate misdirected herself in evaluating the evidence

Ratio Decidendi

The appellant was the aggressor and not under unlawful attack; his version was not reasonably true and was contradicted by direct evidence. The trial magistrate did not misdirect herself, and the convictions were justified. Sentences were not harsh given the circumstances, but should run concurrently as offences occurred at the same time and place.

Court Disposition

appeal dismissed; convictions and sentences confirmed

Orders

  • Sentences on the three counts to run concurrently