R v Tabaphe (C of A (CRI) 6 of 2005) [2006] LSCA 6 (11 April 2006)

R v Tabaphe (C of A (CRI) 6 of 2005) [2006] LSCA 6 (11 April 2006)

The appellant was intoxicated but not to the extent that he could not form the intention to kill; the evidence established that he stabbed the deceased without provocation and did not act in self-defence. The conviction for murder and the sentence of eight years imprisonment were upheld.

Citation
[2006] LSCA 6
Parties
Appellant: Tokiso Tabaphe; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
11 April 2006
Case Number
C of A (CRI) 6 of 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Murder, Self Defence, Intoxication, Extenuating Circumstances, Sentencing
Source Language
English
Criminal Law Murder Self Defence Intoxication Extenuating Circumstances Sentencing

Case Brief

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Parties

Tokiso Tabaphe

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant acted in self-defence
  2. 2 Whether intoxication negated the requisite intention for murder
  3. 3 Whether intoxication constituted an extenuating circumstance for sentencing

Ratio Decidendi

The appellant was intoxicated but not to the extent that he could not form the intention to kill; the evidence established that he stabbed the deceased without provocation and did not act in self-defence. The conviction for murder and the sentence of eight years imprisonment were upheld.

Court Disposition

appeal dismissed

Orders

  • The appellant’s appeal against his conviction and sentence is dismissed.