R v Maphobele (CRI/T 18 of 80) [1981] LSHC 15 (28 February 1981)

R v Maphobele (CRI/T 18 of 80) [1981] LSHC 15 (28 February 1981)

The accused intentionally and unlawfully administered a fatal poison to her husband, causing his death. The Crown proved its case beyond reasonable doubt. However, due to continuous domestic abuse, provocation, emotional distress, lack of premeditation, and cultural beliefs, extenuating circumstances were found, warranting a lesser sentence than the death penalty.

Citation
[1981] LSHC 15
Parties
Prosecution: Rex; Accused: 'Mathapelo Maphobole
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 February 1981
Case Number
CRI/T 18 of 80
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
convicted of murder with extenuating circumstances
Legal Topics
Murder, Extenuating Circumstances, Intention, Sentencing, Domestic Violence
Source Language
English
Criminal Law Murder Extenuating Circumstances Intention Sentencing Domestic Violence

Case Brief

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Parties

Rex

Prosecution

'Mathapelo Maphobole

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether extenuating circumstances exist to reduce the moral blameworthiness of the accused

Ratio Decidendi

The accused intentionally and unlawfully administered a fatal poison to her husband, causing his death. The Crown proved its case beyond reasonable doubt. However, due to continuous domestic abuse, provocation, emotional distress, lack of premeditation, and cultural beliefs, extenuating circumstances were found, warranting a lesser sentence than the death penalty.

Court Disposition

convicted of murder with extenuating circumstances

Orders

  • Accused sentenced to 13 years' imprisonment