Criminal law

Criminal law — Murder — Sentence — Power of Court of Appeal to enhance sentence — Review of Court’s own order — Patent error — Suspension of sentence for murder — Section 314(2) of the Criminal Procedure and Evidence
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Act 1981 — Duty of counsel to assist the court — Exceptional jurisdiction to
correct error.

Criminal Law – Murder – Causation – Whether the chain of causation was broken – Role of medical versus eyewitness evidence – Extenuating circumstances – Sentence.
Evidence – Evaluation of conflicting testimony – Preference of credible direct evidence over inconclusive expert opinion – Medical evidence not conclusive but advisory – Court entitled to rely on credible eyewitnesses where consistent with other evidence.
Appellate Review – Limited interference with findings of fact – Appellate court slow to disturb trial court’s assessment of credibility unless findings are plainly wrong or vitiated by misdirection.
Practice and Procedure – Substitution of lesser offence – Arson reduced to unlawful damage to property under section 198 of the Criminal Procedure and Evidence Act – No prejudice to accused where essential elements of the lesser offence are included in the greater.
Sentence – Discretion of trial court – Appellate intervention only where sentence induces a sense of shock or is vitiated by misdirection – 25-year term for brutal, unprovoked killing of defenceless spouse not excessive.

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

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.

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

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.

ORDER

The accused is sentenced to eighteen (18) years imprisonment