R v Lesenya (CRI/T 1 of 10) [2020] LSHC 27 (8 October 2020)

R v Lesenya (CRI/T 1 of 10) [2020] LSHC 27 (8 October 2020)

The court found both accused guilty of murder with extenuating circumstances. Accused 1 was complicit under common purpose, as circumstantial evidence and his own admissions proved his involvement beyond reasonable doubt. Accused 2 admitted to the killing and was found to have acted under the influence of his older brother and due to his youth.

Citation
[2020] LSHC 27
Parties
Prosecutor: Rex; Accused 1: Liboche Lesenya; Accused 2: T’soanelo Lesenya
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 October 2020
Case Number
CRI/T 1 of 10
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Both accused found guilty of murder with extenuating circumstances; sentences imposed.
Legal Topics
Murder, Circumstantial Evidence, Common Purpose, Mitigation, Sentencing
Source Language
English
Criminal Law Murder Circumstantial Evidence Common Purpose Mitigation Sentencing

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Parties

Rex

Prosecutor

Liboche Lesenya

Accused 1

T’soanelo Lesenya

Accused 2

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused are guilty of murder under common purpose
  2. 2 Whether circumstantial evidence proves the complicity of accused 1
  3. 3 Whether extenuating circumstances exist for both accused

Ratio Decidendi

The court found both accused guilty of murder with extenuating circumstances. Accused 1 was complicit under common purpose, as circumstantial evidence and his own admissions proved his involvement beyond reasonable doubt. Accused 2 admitted to the killing and was found to have acted under the influence of his older brother and due to his youth.

Court Disposition

Both accused found guilty of murder with extenuating circumstances; sentences imposed.

Orders

  • Liboche Lesenya sentenced to 18 years imprisonment without option of fine.
  • T’soanelo Lesenya sentenced to 15 years imprisonment without option of fine.