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

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);

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