Mohlabane v Director of Public Prosecutions (CRI/APN 81 of 2012) [2012] LSHC 18 (22 May 2012)

Mohlabane v Director of Public Prosecutions (CRI/APN 81 of 2012) [2012] LSHC 18 (22 May 2012)

The petitioner failed to demonstrate exceptional circumstances warranting release on bail, and his conduct after the incident indicated a high risk of absconding, thus justifying refusal of bail to protect the interests of justice.

Citation
[2012] LSHC 18
Parties
Petitioner: Tśeliso Mohlabane; Respondent: The Director of Public Prosecutions
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 May 2012
Case Number
CRI/APN 81 of 2012
Procedural Posture
Bail Application / Judgment
Outcome
application dismissed
Legal Topics
Bail, Exceptional Circumstances, Risk of Absconding, Presumption of Innocence
Source Language
English
Criminal Law Criminal Procedure Bail Exceptional Circumstances Risk of Absconding Presumption of Innocence

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 4 Party arguments 2
Sign in to unlock

Parties

Tśeliso Mohlabane

Petitioner

The Director of Public Prosecutions

Respondent

Procedural Posture

Bail Application / Judgment

Legal Issues

  1. 1 Whether the petitioner has shown exceptional circumstances justifying release on bail
  2. 2 Whether releasing the petitioner on bail would prejudice the interests of justice

Ratio Decidendi

The petitioner failed to demonstrate exceptional circumstances warranting release on bail, and his conduct after the incident indicated a high risk of absconding, thus justifying refusal of bail to protect the interests of justice.

Court Disposition

application dismissed

Orders

  • Bail is refused.