R v Raphoka (CRI/T 53 of 2008) [2012] LSHC 74 (9 November 2012)

R v Raphoka (CRI/T 53 of 2008) [2012] LSHC 74 (9 November 2012)

The accused intentionally and unlawfully killed the deceased by shooting her with a firearm for which he had no license. The evidence established that the accused's actions were not justified by self-defence or necessity. However, extenuating circumstances existed due to the accused's emotional distress and lack of premeditation, reducing his moral blameworthiness but not his legal culpability.

Citation
[2012] LSHC 74
Parties
Prosecution: Rex; Accused: Khafa Raphoka
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 November 2012
Case Number
CRI/T 53 of 2008
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
guilty of murder with extenuation and unlawful possession of firearm
Legal Topics
Murder, Unlawful Possession of Firearm, Extenuating Circumstances, Sentencing
Source Language
English
Criminal Law Murder Unlawful Possession of Firearm Extenuating Circumstances Sentencing

Case Brief

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Parties

Rex

Prosecution

Khafa Raphoka

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the accused was in unlawful possession of a firearm
  3. 3 Whether extenuating circumstances existed to reduce the moral blameworthiness of the accused

Ratio Decidendi

The accused intentionally and unlawfully killed the deceased by shooting her with a firearm for which he had no license. The evidence established that the accused's actions were not justified by self-defence or necessity. However, extenuating circumstances existed due to the accused's emotional distress and lack of premeditation, reducing his moral blameworthiness but not his legal culpability.

Court Disposition

guilty of murder with extenuation and unlawful possession of firearm

Orders

  • Accused sentenced to 10 years imprisonment
  • Weapon used to be confiscated