R v Bofifi (CRI/A 53 of 79) [1980] LSHC 1 (3 January 1980)

R v Bofifi (CRI/A 53 of 79) [1980] LSHC 1 (3 January 1980)

The evidence did not support an intent to murder; the appellant's actions amounted to common assault, not assault with intent to murder.

Citation
[1980] LSHC 1
Parties
Appellant: Tikanelo Lekola Bofifi; Respondent: Rex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
3 January 1980
Case Number
CRI/A 53 of 79
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction for assault with intent to murder set aside; conviction for common assault substituted; sentence reduced to six months imprisonment
Legal Topics
Assault, Intent to Murder, Appeal Procedure, Delay in Justice
Source Language
English
Criminal Law Assault Intent to Murder Appeal Procedure Delay in Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Tikanelo Lekola Bofifi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly convicted of assault with intent to murder
  2. 2 Whether the evidence supported a conviction for common assault
  3. 3 Whether procedural delays affected the fairness of the trial

Ratio Decidendi

The evidence did not support an intent to murder; the appellant's actions amounted to common assault, not assault with intent to murder.

Court Disposition

conviction for assault with intent to murder set aside; conviction for common assault substituted; sentence reduced to six months imprisonment

Orders

  • Trial magistrate to investigate and report on appellant's whereabouts between arrest and trial
  • Attention drawn to Order 35 of the Subordinate Court Rules regarding appeal preparation