Lenka v R (CRI/APN 197 of 89) [1989] LSCA 72 (27 June 1989)
The application for bail pending appeal is refused because there are no substantial prospects of success on appeal, the alleged judicial interventions did not amount to irregularity or unfairness, and the seriousness of the offence and the soundness of the conviction and sentence outweigh the applicant's arguments.
- Citation
- [1989] LSCA 72
- Parties
- Applicant: Mosala Lenka; Respondent: Rex
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Judgment Date
- 27 June 1989
- Case Number
- CRI/APN 197 of 89
- Procedural Posture
- Criminal / Bail Application Pending Appeal
- Outcome
- Application for bail pending appeal refused
- Legal Topics
- Culpable Homicide, Judicial Intervention, Bail Pending Appeal, Prospects of Success on Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mosala Lenka
Applicant
Rex
Respondent
Procedural Posture
Criminal / Bail Application Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal
- 2 Whether judicial intervention at trial prejudiced the applicant's right to a fair trial
- 3 Whether there are good prospects of success on appeal
Ratio Decidendi
The application for bail pending appeal is refused because there are no substantial prospects of success on appeal, the alleged judicial interventions did not amount to irregularity or unfairness, and the seriousness of the offence and the soundness of the conviction and sentence outweigh the applicant's arguments.
Court Disposition
Application for bail pending appeal refused
Orders
- Application for bail pending appeal is dismissed.
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