R v Moshephi (CRI/T 37 of 79) [1980] LSHC 58 (31 October 1980)

R v Moshephi (CRI/T 37 of 79) [1980] LSHC 58 (31 October 1980)

The court found the eyewitness testimony of Mokhatle credible and corroborated by physical evidence and the accused's conduct. The accused's denials were rejected as fanciful. The court was satisfied beyond reasonable doubt that all accused participated in the murder of Ralekhooa Ntsoana.

Citation
[1980] LSHC 58
Parties
Prosecution: Rex; Accused 1: Lekena Moshephi; Accused 2: Sefali Lefatle; Accused 3: Shoapane Ranxu; Accused 4: Khoanyane Lekhafola
Court
High Court
Jurisdiction
Lesotho
Judgment Date
31 October 1980
Case Number
CRI/T 37 of 79
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
Conviction and sentencing
Legal Topics
Murder, Evidence, Identification, Sentencing, Extenuating Circumstances
Source Language
English
Criminal Law Murder Evidence Identification Sentencing Extenuating Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Lekena Moshephi

Accused 1

Sefali Lefatle

Accused 2

Shoapane Ranxu

Accused 3

Khoanyane Lekhafola

Accused 4

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused murdered Ralekhooa Ntsoana
  2. 2 Whether the evidence supports the identification of the accused as perpetrators
  3. 3 Whether extenuating circumstances exist to affect sentencing

Ratio Decidendi

The court found the eyewitness testimony of Mokhatle credible and corroborated by physical evidence and the accused's conduct. The accused's denials were rejected as fanciful. The court was satisfied beyond reasonable doubt that all accused participated in the murder of Ralekhooa Ntsoana.

Court Disposition

Conviction and sentencing

Orders

  • Accused 1 (Lekena Moshephi), Accused 3 (Shoapane Ranxu), and Accused 4 (Khoanyane Lekhafola) sentenced to death in accordance with s.292 of the Criminal Procedure and Evidence Proclamation.
  • Accused 2 (Sefali Lefatle) to be detained during His Majesty's pleasure under the second proviso to s.291.