Criminal law

Rex v Moabi (CRI/T/144/17) [2019] LSHC 57 (12 December 2019);

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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

 

Rex v Lesenya (CRI/T/1/10) [2020] LSHC 27 (08 October 2020);

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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

 

Fako v The Director of Public Prosecution (CRI/T/0004/18) [2020] LSHC 20 (29 January 2020);

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Introduction

[1]     This is an application for leave to appeal an interlocutory ruling     dismissing an application for recusal brought against me in the main trial. The applicants are currently standing trial for murder and other charges arising from the events which occurred between 2014 and 2015.

 [2]    The judgment dismissing the recusal application was delivered on 21 January 2020. The parties indicated that they would proceed with the trial on 23 January 2020. On that day, the applicants’ legal practitioners intimated that they had instructions to seek leave to appeal against the judgment of 21 January 2020.

[3]     The applicants, accused 4, 6 and 8, in the main criminal trial, seek an order in the following terms:

(i) That the applicants be granted leave to appeal the decision of His   Lordship, C Hungwe AJ, refusing to recuse himself in CRI/T/0004/18.  

(ii) That the proceedings in CRI/T/0004/18 be suspended pending a determination of the said appeal in the event that leave is granted.

CRI/T/0004/18

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                   

 

In the matter between:

 

MOTSAMAI FAKO                                                            1st APPLICANT

MOTSOANE MACHAI                                                     2nd APPLICANT

TSI’TSO RAMOHOLI                                                       3rd APPLICANT

 

Moeti v Director of Public Prosecution (CRI/APN/0567/19) [2019] LSHC 48 (03 December 2019);

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IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                             

 

In the matter between:

 

SOKOLANG MOETI                                                     CRI/APN/0567/19 

versus

DIRECTOR OF PUBLIC PROSECUTIONS

 

MOTEBANG MOTSELOA

versus

DIRECTOR OF PUBLIC PROSECUTIONS                   CRI/APN/568/19

 

NEO CHOACHOA

versus

DIRECTOR OF PUBLIC PROSECUTIONS                   CRI/APN/569/19

 

Fako v The Director of Public Prosecution (CRI/T/0004/18) [2020] LSHC 19 (21 January 2020);

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          “Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly and to decide impartially”. This is an application for my recusal. Every recusal application seeks to challenge this statement as it aims to demonstrate that as a matter of fact, there exists a perception that the judge under scrutiny will not be impartial in the matter before him.

In approaching this application, I bear in mind what was stated in Moch v Nedtravel (Pty) Ltd t/a American Express, namely that "a judicial officer should not be unduly sensitive and ought not to regard an application for his recusal as a personal affront."

This is an interlocutory application in the main criminal trial in which the applicants are part of the accused facing several criminal charges in respect of which they all pleaded not guilty. The present applicants seek an order, among others, that I recuse myself from presiding in the main matter.

Quoted, among many places,  in Lazarus, In Memory of Charles O’Neill, 219 La, xxxix (1951); Yankwich, The Art of Being a Judge, 105 U. Pa L. Rev 374, 385 (1957).

1996 (3) SA 1 (A) at 13H

CRI/T/0004/18

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                      

 

In the matter between:

 

MOTSAMAI FAKO                                                                                     1st APPLICANT

MOTSOANE MACHAI                                                                               2nd APPLICANT

Rex v Kulehile (CRI/T/40/07) [2018] LSHC 33 (07 May 2018);

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The accused is charged with murder and the unlawful possession of a firearm in contravention of section 3 (2) (a) of the internal security Act as amended by Act N04 of 1999. It is alleged on the count of murder that on or about the 27th October 2006 he acting unlawfully and with intent to kill shot Tsoarelo Phehlane (hereafter referred to as deceased) and inflicted upon him a gun-shot wound from which he died at Mafeteng Hospital on the 20th November 2006. On the second count it is alleged that he had in his possession a firearm, to wit, a 7.65 calibre pistol of serial number BB/2004 with six rounds of ammunition without a firearm certificate in force at the time.

IN THE HIGH COURT OF LESOTHO

 

                                                                   CR/T/40/2007

 

In the matter between:

REX                                                                              Crown

V

MOSALETSANE KULEHILE                                     Accused

 

JUDGMENT

 

Coram                     :The Hon. T. Nomngcongo

Rex v Khotso (CRI/T/125/13) [2019] LSHC 36 (05 February 2019);

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The accused is charged with murder. It is alleged that upon or about the 17th day of February 2012 and at or near Ha Morolong in the district of Berea. The accused did unlawfully and intentionally kill one Nts’iuoa Mohlaoli Mosobela (herein after referred to as deceased).

IN THE HIGH COURT OF LESOTHO

 

                                                                                      CRI/T/125/13

 

In the matter between:

 

REX                                                                              CROWN

 

AND

 

LEHLOHONOLO KHOTSO                                 ACCUSED

 

Coram :                Nomngcongo J

Rex v Thai (CRI/T/34/05) [2017] LSHC 36 (12 December 2017);

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Criminal law – charges of murder and attempted murder – accused having pleaded not guilty to both charges – the defence being that of alibi – cross-examination on crown witnesses having been suggestive of the presence of accused at the scene of crime – This line of cross-examination by the accused having been in sharp contradistinction to his defence of alibi – circumstantial evidence leading to the exclusive inference that accused is the culprit.

Held:

The accused is found guilty as charged.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                     CRI/T/34/05

 

In the matter between

 

REX                                                                                                                                    

 

AND

 

LEKHOOA THAI                                                                        ACCUSED

 

 

Khetsi v Director of Public Prosecutions (CRI/T/0079/14) [2017] LSHC 35 (24 November 2017);

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Criminal Law – application to dismiss charges for want of prosecution-Crown having failed to prosecute its case within time prescribed under Speedy Court Trials Act – The Act affording the charged person the right to apply for dismissal of indictment where the Crown has failed to comply with its provisions – Crown having resisted the application.

IN THE HIGH COURT OF LESOTHO

(HELD AT MASERU)

CRI/T/0079/2014

In the matter between;

 

RETS’ELISITSOE KHETSI                                          APPLICANT

 

AND

 

DIRECTOR OF PUBLIC PROSECUTIONS           1ST RESPONDENT

DIRECTORATE OF CORRUPTION AND

ECONOMIC OFFENCES                                     2ND RESPONDENT

Masilo v Rex (CRI/A/0008/17) [2018] LSHC 29 (30 August 2018);

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  1. This is an appeal against a criminal conviction and sentence imposed upon the Appellant by a Magistrate of a Senior Magistrate Jurisdiction in the district of Maseru.  the trial proceedings were in consequence of the criminal charge which the Crown had preferred against him in that he had contravened Section 83 (1)(a) and (b) No. 8 of 2010.

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU

                                                                                                CR/1052/13

                                                                                                    CRI/A/0008/17

In the matter between;

 

THABANG MASILO                                                                   APPEALLANT

And

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