Moabi Sesioana V Director of Public Prosecutions (CRI/T/228/2023) [2023] LSHC 209 (27 September 2023)

Moabi Sesioana V Director of Public Prosecutions (CRI/T/228/2023) [2023] LSHC 209 (27 September 2023)

The petitioner failed to demonstrate any exceptional circumstances justifying bail as required by section 109A(1) of the Criminal Procedure and Evidence Act. His actions, such as cooperating with police and offering to surrender, are not exceptional but expected of honest citizens. He is a flight risk due to prior failure to attend remands and his ability to cross the Lesotho-South Africa border undetected. The seriousness of the charge and strength of the prosecution's case further support continued detention.

Citation
[2023] LSHC 209
Parties
Petitioner: Moabi Sesioana; Respondent: Director of Public Prosecutions
Court
High Court
Jurisdiction
Lesotho
Judgment Date
27 September 2023
Case Number
CRI/T/228/2023
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail application denied
Legal Topics
Exceptional Circumstances for Bail, Flight Risk, Murder Charge, Bail Conditions
Source Language
English
Criminal Law Bail Exceptional Circumstances for Bail Flight Risk Murder Charge Bail Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Moabi Sesioana

Petitioner

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the petitioner demonstrated exceptional circumstances justifying release on bail under section 109A(1) of the Criminal Procedure and Evidence Act
  2. 2 Whether the petitioner is a flight risk
  3. 3 Whether the strength of the prosecution's case and seriousness of the charge justify continued detention

Ratio Decidendi

The petitioner failed to demonstrate any exceptional circumstances justifying bail as required by section 109A(1) of the Criminal Procedure and Evidence Act. His actions, such as cooperating with police and offering to surrender, are not exceptional but expected of honest citizens. He is a flight risk due to prior failure to attend remands and his ability to cross the Lesotho-South Africa border undetected. The seriousness of the charge and strength of the prosecution's case further support continued detention.

Court Disposition

Bail application denied

Orders

  • The application for bail is denied.