Sarele v Rex (C of A (CRI) 2 of 2015) [2018] LSCA 26 (7 December 2018)

Sarele v Rex (C of A (CRI) 2 of 2015) [2018] LSCA 26 (7 December 2018)

The conviction for murder was confirmed as the appellant's version was not reasonably possibly true and the evidence established intent to kill. The sentence was reduced from 25 years to 15 years (less time spent in custody) due to failure to adequately consider mitigating factors, including the appellant's youth and time spent awaiting sentence.

Citation
[2018] LSCA 26
Parties
Appellant: Tlhalefo Sarele; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
7 December 2018
Case Number
C of A (CRI) 2 of 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction confirmed, sentence reduced
Legal Topics
Murder, Conviction, Sentence, Extenuating Circumstances, Record of Proceedings, Mitigating Factors
Source Language
English
Criminal Law Murder Conviction Sentence Extenuating Circumstances Record of Proceedings Mitigating Factors

Case Brief

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Parties

Tlhalefo Sarele

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for murder was proper given the appellant's version of events
  2. 2 Whether the trial judge improperly descended into the arena and prejudiced the appellant
  3. 3 Whether the sentence imposed was appropriate and whether extenuating and mitigating circumstances were properly considered

Ratio Decidendi

The conviction for murder was confirmed as the appellant's version was not reasonably possibly true and the evidence established intent to kill. The sentence was reduced from 25 years to 15 years (less time spent in custody) due to failure to adequately consider mitigating factors, including the appellant's youth and time spent awaiting sentence.

Court Disposition

conviction confirmed, sentence reduced

Orders

  • Conviction for murder confirmed.
  • Sentence of 25 years imprisonment set aside and substituted with 15 years imprisonment, less 2 years 6 months for time spent in custody awaiting sentence.