Pheko v R (CRI/A 37 of 95) [2000] LSCA 79 (2 June 2000)
The appellant admitted to assaulting the complainants, and the medical evidence corroborates the seriousness of the injuries. The complainants' evidence was straightforward and credible. The appellant was the aggressor and did not act in self-defence or under provocation. The conviction and sentence are supported by the evidence and are not excessive.
- Citation
- [2000] LSCA 79
- Parties
- Appellant: Wanda Pheko; Respondent: Rex
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Judgment Date
- 2 June 2000
- Case Number
- CRI/A 37 of 95
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Assault With Intent to Do Grievous Bodily Harm, Appeal Against Conviction and Sentence, Self Defence, Provocation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Wanda Pheko
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial magistrate erred in accepting the evidence of the complainants without caution
- 2 Whether the appellant acted in self-defence or under provocation
- 3 Whether the conviction was supported by evidence
Ratio Decidendi
The appellant admitted to assaulting the complainants, and the medical evidence corroborates the seriousness of the injuries. The complainants' evidence was straightforward and credible. The appellant was the aggressor and did not act in self-defence or under provocation. The conviction and sentence are supported by the evidence and are not excessive.
Court Disposition
appeal dismissed
Orders
- convictions and sentences upheld
Full Case Text
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