R v Lefu (C of A (CRI) 6 of 2011) [2012] LSCA 19 (27 April 2012)

R v Lefu (C of A (CRI) 6 of 2011) [2012] LSCA 19 (27 April 2012)

The effective sentence of 36 years imprisonment was grossly disproportionate to the offences charged, amounting to inhuman or degrading punishment. The trial court misdirected itself by failing to consider provocation and that the shootings formed a single transaction. The sentence was reduced to 20 years imprisonment to achieve proportionality and justice.

Citation
[2012] LSCA 19
Parties
Appellant: Tau Lefu; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
27 April 2012
Case Number
C of A (CRI) 6 of 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal upheld; sentence reduced
Legal Topics
Sentencing, Double Murder, Unlawful Possession of Firearm, Proportionality of Sentence, Constitutional Protection From Inhuman Punishment
Source Language
English
Criminal Law Sentencing Double Murder Unlawful Possession of Firearm Proportionality of Sentence Constitutional Protection From Inhuman Punishment

Case Brief

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Parties

Tau Lefu

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the effective sentence of 36 years imprisonment for double murder was grossly disproportionate to the offences charged
  2. 2 Whether the trial court misdirected itself in sentencing by failing to consider provocation and the single transaction principle

Ratio Decidendi

The effective sentence of 36 years imprisonment was grossly disproportionate to the offences charged, amounting to inhuman or degrading punishment. The trial court misdirected itself by failing to consider provocation and that the shootings formed a single transaction. The sentence was reduced to 20 years imprisonment to achieve proportionality and justice.

Court Disposition

Appeal upheld; sentence reduced

Orders

  • 16 years of the sentence on count II to run concurrently with the sentence on count I
  • Sentences on counts I and III confirmed