Criminal law

Rex v Phant'si (C of A (CRI-RESERVE) 1/2021) [2021] LSCA 6 (14 May 2021);

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Criminal law and procedure - Reservation of law in terms of 15(1) of the Court of Appeal Act No.10 of 1978 – Accused convicted at the end of the trial –Whether the decision of the Court of Appeal in Mohale and Another v Rex C of A (CRI) No 2 of 2005 is correct regard being had to the fact that, it is inconsistent with section 12(4) of the Constitution – Whether the relevant age for consideration for purposes of section 26 (1) of the Children’s Act , in light of section 12(4) of the Constitution is the age of the date of the commission of the crime and not the date of sentence.

 

IN THE COURT OF APPEAL OF LESOTHO

Held at Maseru

C OF A (CRI-RESERVE) 1/2021

CRI/T/58/2011

In the matter of:

 

REX                                                                      

 

Versus

 

MAPHALE PHANTŠI                                                  ACCUSED                           

 

CORAM:                  DR K.E. MOSITO P

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

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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 Ralekhutle (CRI/T/127/13) [2021]LSHC 06 (09 March 2021);

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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

 

 

Rex V Moeketsi (CRI/T/0009/18) [2021]LSHC 01 (13 January 2021);

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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

Mothobi v Director of Public Prosecutions (C of A (CRI) 04/19) [2020] LSCA 51 (30 October 2020);

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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

Malataliana v Director of Public Prosecutions (C of A (CRI) 04/20) [2020] LSCA 50 (30 October 2020);

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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

Fako V Director of Public Prosecutions (C of A (CRI) 03/20) [2020] LSCA 49 (30 October 2020);

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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

Rex v Lejone (CRI/T/0010/19) [2020] LSHC 47 (29 October 2020);

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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

 

 

Rex v Ranoha (CRI/T/87/10) [2019] LSHC 61 (12 December 2019);

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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

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

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