R v Nthafa and Another (CRI/APN 238 of 88) [1988] LSCA 116 (29 July 1988)

R v Nthafa and Another (CRI/APN 238 of 88) [1988] LSCA 116 (29 July 1988)

The Crown failed to show a strong case beyond the seriousness of the charge, and the risk of interference with witnesses can be mitigated by stringent bail conditions. The applicants are unlikely to abscond given their personal circumstances.

Citation
[1988] LSCA 116
Parties
Applicant: Makholu Nthafa; Applicant: Mamotseng Monnanyane; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 July 1988
Case Number
CRI/APN 238 of 88
Procedural Posture
Criminal / Bail Application
Outcome
bail granted with conditions
Legal Topics
Bail, Murder, Pre Trial Detention
Source Language
English
Criminal Law Bail Murder Pre Trial Detention

Case Brief

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Parties

Makholu Nthafa

Applicant

Mamotseng Monnanyane

Applicant

Rex

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial for murder

Ratio Decidendi

The Crown failed to show a strong case beyond the seriousness of the charge, and the risk of interference with witnesses can be mitigated by stringent bail conditions. The applicants are unlikely to abscond given their personal circumstances.

Court Disposition

bail granted with conditions

Orders

  • Each applicant shall pay a bail deposit of M200-00.
  • Each applicant shall provide a surety in the sum of M200-00.