Rex V Jobere Kelane (CRI/T/0046/2016) [2023] LSHC 205 (17 August 2023)

Rex V Jobere Kelane (CRI/T/0046/2016) [2023] LSHC 205 (17 August 2023)

The court found that the accused brought petrol to the scene, poured it on the deceased, and set him alight while the deceased was tied and defenseless. The accused's version was rejected as not reasonably possibly true. The court concluded that the accused's actions caused the death of the deceased and constituted murder. Extenuating circumstances were found, precluding the death penalty.

Citation
[2023] LSHC 205
Parties
Crown: Rex; Accused: Jobere Kelane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
17 August 2023 17 August 2023 23 June 2023 9 February 2023
Case Number
CRI/T/0046/2016
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Convicted of murder; sentenced to 13 years imprisonment with additional restorative order.
Legal Topics
Murder, Mob Justice, Vigilantism, Sentencing, Extenuating Circumstances
Source Language
English
Criminal Law Murder Mob Justice Vigilantism Sentencing Extenuating Circumstances

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 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Crown

Jobere Kelane

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the accused's actions constituted murder under the law
  3. 3 Whether there were extenuating circumstances to avoid the death penalty

Ratio Decidendi

The court found that the accused brought petrol to the scene, poured it on the deceased, and set him alight while the deceased was tied and defenseless. The accused's version was rejected as not reasonably possibly true. The court concluded that the accused's actions caused the death of the deceased and constituted murder. Extenuating circumstances were found, precluding the death penalty.

Court Disposition

Convicted of murder; sentenced to 13 years imprisonment with additional restorative order.

Orders

  • Accused sentenced to 13 years imprisonment for murder.
  • Accused ordered to compensate the family of the deceased and perform 'ho tsosa hlooho' (raise the head of the deceased) according to Sesotho custom in the amount of M10,000.00.