R v Sheng (CRI/T 45 of 95) [1997] LSHC 62 (6 August 1997)

R v Sheng (CRI/T 45 of 95) [1997] LSHC 62 (6 August 1997)

The court found extenuating circumstances existed due to the accused's frustration and smouldering resentment over being deceived and exploited by Ta Hua Company, which led to a crime of passion rather than premeditated, morally depraved murder. Consequently, the death penalty was not imposed.

Source-derived case information.

Citation
[1997] LSHC 62
Parties
Prosecution: Rex; Accused: Shao Ming Sheng
Court
High Court
Jurisdiction
Lesotho
Judgment Date
6 August 1997
Case Number
CRI/T 45 of 95
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
Accused found guilty of murder with extenuating circumstances; sentenced to imprisonment.
Legal Topics
Murder, Extenuating Circumstances, Sentencing, Jurisdiction
Source Language
english
Criminal Law Murder Extenuating Circumstances Sentencing Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Shao Ming Sheng

Accused

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 Whether extenuating circumstances exist to avoid the mandatory death penalty for murder
  2. 2 Whether the court had jurisdiction to try the accused given the manner of his apprehension

Ratio Decidendi

The court found extenuating circumstances existed due to the accused's frustration and smouldering resentment over being deceived and exploited by Ta Hua Company, which led to a crime of passion rather than premeditated, morally depraved murder. Consequently, the death penalty was not imposed.

Court Disposition

Accused found guilty of murder with extenuating circumstances; sentenced to imprisonment.

Orders

  • Accused sentenced to 10 years' imprisonment for the murder of Xu Wenda (Count I) and 12 years for the murder of Ha Ya Mei (Count II), to run concurrently.
  • Accused sentenced to 15 years' imprisonment for the murder of Jiao Yi Xu (Count III).