R v Molise (C of A (CRI) 16 of 2006) [2007] LSCA 6 (4 April 2007)

R v Molise (C of A (CRI) 16 of 2006) [2007] LSCA 6 (4 April 2007)

The absence of premeditation, absence of direct intention to kill, and the finding of only dolus eventualis, together with the appellant's lack of prior convictions and aberrant behaviour, constituted extenuating circumstances, warranting a sentence less than death.

Citation
[2007] LSCA 6
Parties
Appellant: Peter Molise; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
4 April 2007
Case Number
C of A (CRI) 16 of 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Murder, Extenuating Circumstances, Sentencing
Source Language
English
Criminal Law Murder Extenuating Circumstances Sentencing

Case Brief

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Parties

Peter Molise

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether extenuating circumstances were present in the commission of murder
  2. 2 Appropriate sentence for murder with extenuating circumstances

Ratio Decidendi

The absence of premeditation, absence of direct intention to kill, and the finding of only dolus eventualis, together with the appellant's lack of prior convictions and aberrant behaviour, constituted extenuating circumstances, warranting a sentence less than death.

Court Disposition

appeal allowed in part

Orders

  • Conviction amended to murder with extenuating circumstances
  • Sentence of death set aside