Criminal Law – Defense

Lesenya v Rex (C of A (CRI) 05/2020) [2021] LSCA 4 (14 May 2021);

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Summary

Appellant’s younger brother, accused 2, was charged with the murder of appellant’s wife - Common cause that killing perpetrated only by accused 2 who pleaded guilty at trial - Appellant pleading not guilty but convicted on basis of common purpose and sentenced to 18 years imprisonment;

Appeal against conviction and sentence - Indictment not sufficiently informative that Crown relied for criminal liability on common purpose;

Held: failure of indictment to make any reference to reliance on common purpose by Crown in violation of appellant’s right to a fair trial and prejudicial to him- Conviction quashed and sentence set aside - Director of Public Prosecutions left to decide whether to re-institute prosecution - in event of prosecution de novo trial to be before a different judge.

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU                                                  

C OF A (CRI) NO 05/20

In the matter between:

LIBOCHE LESENYA                                                                  APPELLANT

AND

REX                                                                                    RESPONDENT

 

CORAM:               PT DAMASEB AJA

MH CHINHENGO AJA

Rex v Khasoane (CRI/T/0130/17) [2019] LSHC 58 (22 November 2019);

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CASE SUMMARY:  Criminal law- accused charged with the crime of murder- pleads private defence after initially being the aggressor- situations where the defence can successfully be raised after the accused was the initial aggressor, articulated- Held in this case though being initially the aggressor, the accused was entitled to defend himself when the deceased exceeded the bounds of self- defence- Accused accordingly acquitted of murder.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                         CR/T/0130/2017

 

In the Matter Between:-

REX                                                                                                                CROWN

AND

MOTHABENG KHASOANE                                                                      ACCUSED