Rex v Ralee (CRI/T/0050/2015) [2022] LSHC 7 (17 February 2022)

Rex v Ralee (CRI/T/0050/2015) [2022] LSHC 7 (17 February 2022)

The accused failed to prove on the balance of probabilities that he was insane at the time of the murders. The State provided sufficient expert evidence and facilities for the accused's defence. The accused was found guilty of two counts of murder. Extenuating circumstances were found due to emotional turbulence, resulting in life imprisonment sentences rather than the death penalty.

Citation
[2022] LSHC 7
Parties
Prosecution: Rex; Accused: Rethabile Ralee
Court
High Court
Jurisdiction
Lesotho
Judgment Date
17 February 2022
Case Number
CRI/T/0050/2015
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Guilty on two counts of murder; sentenced to life imprisonment on each count with deduction for time served awaiting trial.
Legal Topics
Murder, Insanity Defence, Trial Fairness, Sentencing, Extenuating Circumstances
Source Language
English
Criminal Law Constitutional Law Murder Insanity Defence Trial Fairness Sentencing Extenuating Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecution

Rethabile Ralee

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused was criminally responsible for two counts of murder given the defence of insanity
  2. 2 Whether the accused was afforded a fair trial in light of the absence of a qualified psychiatrist
  3. 3 Whether extenuating circumstances exist to preclude the death penalty

Ratio Decidendi

The accused failed to prove on the balance of probabilities that he was insane at the time of the murders. The State provided sufficient expert evidence and facilities for the accused's defence. The accused was found guilty of two counts of murder. Extenuating circumstances were found due to emotional turbulence, resulting in life imprisonment sentences rather than the death penalty.

Court Disposition

Guilty on two counts of murder; sentenced to life imprisonment on each count with deduction for time served awaiting trial.

Orders

  • Accused sentenced to life imprisonment for each count of murder.
  • Four years spent awaiting trial to be deducted from the first sentence.