Rex V Khoabane Mojela (CRI/T/0099/2022) [2023] LSHC 15 (10 November 2023)

Rex V Khoabane Mojela (CRI/T/0099/2022) [2023] LSHC 15 (10 November 2023)

The accused was found guilty of murder as none of the defences raised (automatism, self-defence, novus actus interveniens) were supported by evidence. The accused acted voluntarily and intentionally, and the chain of causation was not broken. Extenuating circumstances were found due to the accused's belief in witchcraft and rural background, but these did not absolve him of liability.

Citation
[2023] LSHC 15
Parties
Prosecution: Rex; Accused: Khoabane Mojela
Court
High Court
Jurisdiction
Lesotho
Judgment Date
10 November 2023 10 November 2023 27 March 2023
Case Number
CRI/T/0099/2022
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Convicted of murder; sentenced to 27 years imprisonment with restorative and confiscatory orders.
Legal Topics
Murder, Automatism, Self Defence, Novus Actus Interveniens, Sentencing, Mitigating and Aggravating Factors
Source Language
English
Criminal Law Murder Automatism Self Defence Novus Actus Interveniens Sentencing Mitigating and Aggravating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rex

Prosecution

Khoabane Mojela

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused is criminally liable for the murder of Tsénolo Letsie
  2. 2 Whether the defences of automatism, self-defence, or novus actus interveniens apply
  3. 3 Appropriate sentence considering extenuating circumstances

Ratio Decidendi

The accused was found guilty of murder as none of the defences raised (automatism, self-defence, novus actus interveniens) were supported by evidence. The accused acted voluntarily and intentionally, and the chain of causation was not broken. Extenuating circumstances were found due to the accused's belief in witchcraft and rural background, but these did not absolve him of liability.

Court Disposition

Convicted of murder; sentenced to 27 years imprisonment with restorative and confiscatory orders.

Orders

  • Accused sentenced to 27 years imprisonment, including time served since bail revocation.
  • Accused to compensate the deceased's family with 4 cattle or market value thereof ('tsosa hlooho').