CRIMINAL LAW: Accused charged with murder- crown witnesses inconsistent on the critical aspect of the case- accused given the benefit of doubt and acquitted.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CRI/T/127/13
In the matter between:
REX CROWN
AND
TELU-TSEBENG RALIKHUTE ACCUSED
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CRI/T/0009/18
In the matter between:
REX
Vs
NO. 10534/10362 P/C DLAMINI MOEKETSI
NO.74001/45808 P/C MONAHENG ‘MUSI
NO.6752 SUPT. TLALI PHATELA
Appellants charged with murder in High Court but convicted of assault with intent to cause grievous bodily harm and sentenced each to fifteen years imprisonment;
Appellants making application for bail pending appeal to the high Court - application refused;
Appellants appealing against High Court decision but failing to show material change of circumstances as required by Rule 12(5) of Court of Appeal Rules 2006 or otherwise showing they are entitled to bail on any other basis – Appeal dismissed
IN THE COURT OF APPEAL OF LESOTHO
C of A (CRIM) No. 04/2019
HELD AT MASERU
In the matter between
TELLO MOTHOBI 1ST APPELLANT
Criminal Procedure – Leave to appeal to the Court of Appeal – Appeal already noted – Application for release on bail pending determination of application for leave to appeal.
IN THE COURT OF APPEAL OF LESOTHO
HELD AT MASERU C OF A (CRI) NO.04/2020
In the matter between:
BOKANG MALATALIANA APPLICANT
And
DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT
CORAM: K E MOSITO P
HEARD: 15 OCTOBER 2020
The right to a fair trial is central in any reputable criminal justice system and recognized in the Constitution of Lesotho. Bias on the part of a court, or a reasonable apprehension of bias, can be fatal for a fair trial. A judicial officer who presided in bail proceedings is not automatically disqualified from presiding in the subsequent criminal trial. However, real caution is called for, because the reasons for the granting or refusal of bail could result in a reasonable apprehension of bias. In this case the appellants failed to show cause for real bias or a reasonable apprehension thereof.
IN THE COURT OF APPEAL OF LESOTHO
HELD AT MASERU
C OF A (CRI) 03/20
In the matter between:
MOTSAMAI FAKO 1st APPELLANT
Criminal law – Fraud – elements of - what constitutes misrepresentation.
Money laundering - whether proof of predicate offence required- incidence of burden of proof in money laundering - reverse onus - presumption of innocence- impact of – international approach – evidential burden-whether applicable under laws of Lesotho
Expert opinion evidence- what is- admissibility of - whether relevance necessarily qualifies admission of – approach by the court.
Right to remain silent – impact thereof in finding of fact – circumstantial evidence – whether inference of guilt permissible from silence.
IN THE HIGH COURT OF LESOTHO
HELD IN MASERU CRI/T/0010/19
In the matter between:
REX
vs
MOFEREFERE TEBELLO SENATLA LEJONE ACCUSED
JUDGMENT
CASE SUMMARY: Criminal law: murder- common purpose- change of plea of not guilty to murder charge to plea of guilty to lesser charge of assault not charged, in medias res-applicable principles examined, when such may be allowed- accused ultimately found guilty of assault common.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CRI/T/87/2010
In the Matter Between:-
REX CROWN
AND
KOBONG RANOHA 1ST ACCUSED
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
Summary: Criminal Law- Murder- whether inadequacy of medical treatment can constitute novus actus interveniens-
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CRI/T/144/2017
In the Matter Between:-
REX
AND
SUMMARY
CRIMINAL LAW: murder- accused charged with murder- circumstantial evidence against A1- approach to it- approach to evaluating evidence-youth as a mitigating factor
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CRI/T/1/10
In the Matter Between:-
REX CROWN
AND
LEBOCHE LESENYA 1ST ACCUSED
