Rex v Rapiletsa (CRI/T/0015/2020) [2022] LSHC 21 (22 March 2022)

Rex v Rapiletsa (CRI/T/0015/2020) [2022] LSHC 21 (22 March 2022)

The accused were found guilty of murder and attempted murder under the doctrine of common purpose. Their claim of self-defence was rejected as the force used was excessive and continued after the victims were no longer a threat. Extenuating circumstances were found due to lack of premeditation, animosity, remorse, and voluntary surrender to police, reducing moral blameworthiness but not culpability.

Citation
[2022] LSHC 21
Parties
Prosecutor: Rex; Accused: Reentseng Rapiletsa; Accused: Thabo Rapiletsa; Accused: Ts’epo Rapiletsa; Accused: Tumelo Rapiletsa; Accused: Tello Rapiletsa
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 March 2022
Case Number
CRI/T/0015/2020
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Conviction and sentence
Legal Topics
Murder, Attempted Murder, Common Purpose, Self Defence, Extenuating Circumstances, Sentencing
Source Language
English
Criminal Law Murder Attempted Murder Common Purpose Self Defence Extenuating Circumstances Sentencing

Case Brief

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Parties

Rex

Prosecutor

Reentseng Rapiletsa

Accused

Thabo Rapiletsa

Accused

Ts’epo Rapiletsa

Accused

Tumelo Rapiletsa

Accused

Tello Rapiletsa

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused are guilty of murder and attempted murder under the doctrine of common purpose
  2. 2 Whether self-defence applies to the accused
  3. 3 Whether extenuating circumstances exist to reduce moral blameworthiness

Ratio Decidendi

The accused were found guilty of murder and attempted murder under the doctrine of common purpose. Their claim of self-defence was rejected as the force used was excessive and continued after the victims were no longer a threat. Extenuating circumstances were found due to lack of premeditation, animosity, remorse, and voluntary surrender to police, reducing moral blameworthiness but not culpability.

Court Disposition

Conviction and sentence

Orders

  • Accused No.1: 20 years imprisonment for murder, 15 years for attempted murder (concurrent, total 20 years)
  • Accused No.2: 20 years imprisonment for murder, 15 years for attempted murder (concurrent, total 20 years)