Criminal law

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Criminal law
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Date

FLYNOTE
Criminal law – Murder – Extenuating circumstances – Appeal against conviction – Sentence enhancement in absence of cross-appeal – Power of appellate court to vary sentence
2
proprio motu – Manifestly lenient sentence – Sentencing discretion – Role of deterrence and public abhorrence in punishment.

Judgment 2 May 2025

FLYNOTE
Criminal Law – Murder – Circumstantial evidence – Whether inference of intent to kill established beyond reasonable doubt – Culpable homicide – Whether trial court misdirected itself in failing to consider absence of mens rea for murder – Penal Code Act 2010 (Lesotho), sections 40, 41.

Judgment 2 May 2025

FLYNOTE
Criminal Law — Murder — Self-defence — Whether Crown proved guilt beyond reasonable doubt — Whether trial court misdirected itself in rejecting self-defence — Duties of appellate court on findings of fact — Credibility of witnesses — Single witness rule — Forensic inconsistencies — Investigative irregularities

Judgment 2 May 2025

FLYNOTE
Criminal law—Murder—Self-defence—Constructive intent—Sentencing discretion—Appeal against conviction and sentence—Whether appellant acted in private defence—Whether sentence of 18 years’ imprisonment excessive.

Judgment 2 May 2025
Judgment 27 March 2025
Judgment 3 December 2024
Judgment 29 November 2024
Judgment 29 November 2024

ORDER

The accused is sentenced to eighteen (18) years imprisonment

Judgment 13 November 2024
Judgment 5 November 2024
Judgment 31 October 2024
Judgment 17 September 2024
Judgment 13 September 2024
Judgment 5 September 2024
Judgment 25 April 2024
Judgment 12 April 2024
Judgment 20 March 2024
Judgment 16 February 2024
Judgment 10 November 2023
Judgment 3 November 2023
Judgment 3 November 2023
Judgment 27 September 2023
Judgment 17 August 2023
Judgment 3 May 2023
Judgment 19 April 2023