Pheko v R (CRI/A 37 of 95) [2000] LSCA 79 (2 June 2000)

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

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Parties

Wanda Pheko

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the trial magistrate erred in accepting the evidence of the complainants without caution
  2. 2 Whether the appellant acted in self-defence or under provocation
  3. 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