Mothusi Sello & 4 Others V Director of Public Prosecution (C of A (CRI) No 10/2024) [2024] LSCA 45 (1 November 2024)

Mothusi Sello & 4 Others V Director of Public Prosecution (C of A (CRI) No 10/2024) [2024] LSCA 45 (1 November 2024)

The appellants failed to discharge the burden of proving exceptional circumstances justifying bail under section 109A, given the seriousness of the offence, risk of absconding, and potential threat to community safety.

Citation
[2024] LSCA 45
Parties
1st Appellant: Mothusi Sello; 2nd Appellant: Bothaka Mphatšoe; 3rd Appellant: Tebelo Mphatšoe; 4th Appellant: Tjabolane Sebaea; 5th Appellant: Thobi Thobi; Respondent: Director Public Prosecutions
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
1 November 2024
Case Number
C of A (CRI) No 10/2024
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal dismissed
Legal Topics
Bail, Murder, Common Purpose, Exceptional Circumstances, Judicial Discretion
Source Language
English
Criminal Law Criminal Procedure Bail Murder Common Purpose Exceptional Circumstances Judicial Discretion

Case Brief

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Parties

Mothusi Sello

1st Appellant

Bothaka Mphatšoe

2nd Appellant

Tebelo Mphatšoe

3rd Appellant

Tjabolane Sebaea

4th Appellant

Thobi Thobi

5th Appellant

Director Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the appellants demonstrated exceptional circumstances justifying release on bail under section 109A of the Criminal Procedure and Evidence (Amendment) Act 10 of 2002
  2. 2 Whether the High Court erred in refusing bail

Ratio Decidendi

The appellants failed to discharge the burden of proving exceptional circumstances justifying bail under section 109A, given the seriousness of the offence, risk of absconding, and potential threat to community safety.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.