R v Temo and Others (CRI/T 93 of 2012) [2014] LSHC 9 (4 March 2014)

R v Temo and Others (CRI/T 93 of 2012) [2014] LSHC 9 (4 March 2014)

The court found that circumstantial evidence, particularly the ballistic match between the firearm found in accused 1's possession and the bullet recovered from the deceased, established guilt beyond reasonable doubt. The accused's failure to testify or substantiate the alibi, and the conduct of accused 2 before and after the crime, supported the findings of guilt for murder and being an accessory. Extenuating circumstances were found due to the context of 'famo' music wars, reducing moral blameworthiness.

Citation
[2014] LSHC 9
Parties
Prosecution: Rex; 1st Accused: Molupe Tsenyane Temo; 2nd Accused: Seabata Nonyana Sekane; 3rd Accused: Moeketsi Tally Talanyane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
4 March 2014
Case Number
CRI/T 93 of 2012
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Murder, Unlawful Possession of Firearm, Accessory Before and After the Fact, Alibi, Ballistics Evidence, Extenuating Circumstances
Source Language
English
Criminal Law Murder Unlawful Possession of Firearm Accessory Before and After the Fact Alibi Ballistics Evidence Extenuating Circumstances

Case Brief

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Parties

Rex

Prosecution

Molupe Tsenyane Temo

1st Accused

Seabata Nonyana Sekane

2nd Accused

Moeketsi Tally Talanyane

3rd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the accused were in unlawful possession of a firearm
  3. 3 Whether circumstantial evidence and ballistics link the accused to the crime

Ratio Decidendi

The court found that circumstantial evidence, particularly the ballistic match between the firearm found in accused 1's possession and the bullet recovered from the deceased, established guilt beyond reasonable doubt. The accused's failure to testify or substantiate the alibi, and the conduct of accused 2 before and after the crime, supported the findings of guilt for murder and being an accessory. Extenuating circumstances were found due to the context of 'famo' music wars, reducing moral blameworthiness.

Court Disposition

Conviction and sentence

Orders

  • Accused 1 found guilty of murder with extenuating circumstances and unlawful possession of firearm; sentenced to 25 years imprisonment for murder and M500 or 6 months imprisonment for firearm offence, sentences to run concurrently.
  • Accused 2 found guilty as accessory before and after the act to murder, sentenced to 10 years imprisonment; acquitted on firearm charge.