Rex v Tumelo Phahlang (CRI/T/0119/2024) [2025] LSHC 81 (27 March 2025)

Rex v Tumelo Phahlang (CRI/T/0119/2024) [2025] LSHC 81 (27 March 2025)

The accused was the aggressor, returned to the deceased after being separated, and inflicted a fatal stab wound without any unlawful attack or imminent danger from the deceased. The Crown discharged its onus of negating self-defence beyond reasonable doubt. Extenuating circumstances existed, including youth, provocation, lack of premeditation, and intoxication, but did not absolve the accused of murder.

Citation
[2025] LSHC 81
Parties
Prosecutor: Rex; Accused: Tumelo Phahlang
Court
High Court
Jurisdiction
Lesotho
Judgment Date
27 March 2025
Case Number
CRI/T/0119/2024
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Conviction and Sentencing
Legal Topics
Murder, Self Defence, Sentencing, Extenuating Circumstances
Source Language
English
Criminal Law Murder Self Defence Sentencing Extenuating Circumstances

Case Brief

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Parties

Rex

Prosecutor

Tumelo Phahlang

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused acted in self-defence
  2. 2 Whether the accused unlawfully and intentionally killed the deceased
  3. 3 Whether extenuating circumstances exist for sentencing

Ratio Decidendi

The accused was the aggressor, returned to the deceased after being separated, and inflicted a fatal stab wound without any unlawful attack or imminent danger from the deceased. The Crown discharged its onus of negating self-defence beyond reasonable doubt. Extenuating circumstances existed, including youth, provocation, lack of premeditation, and intoxication, but did not absolve the accused of murder.

Court Disposition

Conviction and Sentencing

Orders

  • The accused is found guilty of murder.
  • The accused is sentenced to twenty (20) years imprisonment.