Nhlapho v R (CRI/APN 428 of 90) [1991] LSCA 17 (31 January 1991)

Nhlapho v R (CRI/APN 428 of 90) [1991] LSCA 17 (31 January 1991)

Bail is refused because the applicant is a foreign national with no extradition treaty between Lesotho and South Africa, creating a real risk that he will not stand trial if released. The seriousness of the offence and the inability to secure his return if he absconds outweigh any proposed bail conditions.

Source-derived case information.

Citation
[1991] LSCA 17
Parties
Applicant: Jimmy Nhlapho; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
31 January 1991
Case Number
CRI/APN 428 of 90
Procedural Posture
Criminal Application / Bail Application (third Attempt)
Outcome
bail refused
Legal Topics
Bail, Extradition, Murder, Absconding Risk
Source Language
english
Criminal Law Procedure Bail Extradition Murder Absconding Risk

Source-derived case record

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 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jimmy Nhlapho

Applicant

Rex

Respondent

Procedural Posture

Criminal Application / Bail Application (third Attempt)

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial for murder allegedly committed during a robbery
  2. 2 Whether the absence of an extradition treaty between Lesotho and South Africa justifies refusal of bail
  3. 3 Whether prior alleged absconding by the applicant is established

Ratio Decidendi

Bail is refused because the applicant is a foreign national with no extradition treaty between Lesotho and South Africa, creating a real risk that he will not stand trial if released. The seriousness of the offence and the inability to secure his return if he absconds outweigh any proposed bail conditions.

Court Disposition

bail refused

Orders

  • bail application is refused