Lesotho

Penal Code Act, 2010

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Culpability
11. (1) Liability for any act or consequence of any act shall be imposed only if a person intended to perform that act or intended the consequences which form the subject of the criminal charge.

(2) A person intends to perform an act if he or she purposefully directs his or her will towards the performance of that act. A person intends the consequences of his or her act if-

(a) he or she acts knowing that the consequences will occur as a result of his or her action; or
(b) he or she acts while foreseeing that there is a real possibility of that consequence occurring and he or she is reckless as to whether or not the consequence occurs.

(3) Where it is a requirement of an offence that the accused should have known of the existence of a particular circumstance, then awareness on the part of the accused of the possibility of the existence of that circumstance, together with recklessness as to whether it existed, shall satisfy the requirement of knowledge in that case.

(4) A person is reckless in relation to a possible consequence if he or she knows that there is a substantial possibility that the consequence will occur and acts nonetheless, being indifferent as to whether or not the consequence occurs.

(5) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is irrelevant so far as regards criminal liability.

Keywords

Mental element



EDIT.