Rex v. Motsa (13/2021) [2023] SZHC 278 (9 October 2023)

Case summary

The accused was found guilty of one count of murder and of two counts of attempted murder - Consideration of existence or otherwise of extenuation circumstances - Section 295 of Criminal Procedure and Evidence Act 67 of 1938 - extenuation factors exist - accused a young man of twenty­ two years old at the time of commission of offence.

Criminal Procedure - Sentencing - Consideration of the triad - accused person's personal circumstances outweighed by interests of society - accused sentenced to fifteen (J 5) years imprisonment for murder and to seven years imprisonment for each one of the attempted murders in count two and count three respectively.

The period of imprisonment will take into account the time that the accused person spent in pre-trial incarceration


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