Mothobi and Others v R (C of A (CRI) 5 of 2007) [2009] LSCA 16 (23 October 2009)

Mothobi and Others v R (C of A (CRI) 5 of 2007) [2009] LSCA 16 (23 October 2009)

Convictions of accused 1, 2, and 5 were not justified due to insufficient admissible evidence and improper reliance on hearsay and uncorroborated accomplice testimony. Accused 3 and 4 were properly convicted based on identification, corroborated accomplice evidence, and ballistic evidence, but extenuating circumstances warranted reduction of sentence from death to 20 years imprisonment. Accused 6 was guilty only as accessory after the fact, not murder, and sentence reduced to 3 years imprisonment.

Citation
[2009] LSCA 16
Parties
1st Appellant/accused 1: Lesaoana Molomo; 2nd Appellant/accused 2: Thabiso Mothobi; 3rd Appellant/accused 3: Bokang Molongoana; 4th Appellant/accused 4: Kutoane Kori; 5th Appellant/accused 5: Molai Mosoaboli; 6th Appellant/accused 6: Nokoli Hloloane; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
23 October 2009
Case Number
C of A (CRI) 5 of 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals of accused 1, 2, and 5 upheld; convictions and sentences set aside. Appeals of accused 3 and 4 against conviction dismissed, but sentences reduced to 20 years imprisonment. Appeal of accused 6 upheld to extent; conviction for murder set aside, substituted with accessory after the fact and sentence reduced to...
Legal Topics
Murder, Accessory After the Fact, Ballistic Evidence, Extenuating Circumstances, Hearsay, Fair Trial
Source Language
English
Criminal Law Criminal Procedure Murder Accessory After the Fact Ballistic Evidence Extenuating Circumstances Hearsay Fair Trial

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Parties

Lesaoana Molomo

1st Appellant/accused 1

Thabiso Mothobi

2nd Appellant/accused 2

Bokang Molongoana

3rd Appellant/accused 3

Kutoane Kori

4th Appellant/accused 4

Molai Mosoaboli

5th Appellant/accused 5

Nokoli Hloloane

6th Appellant/accused 6

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether convictions and sentences of the accused were justified
  2. 2 Admissibility and reliability of accomplice and hearsay evidence
  3. 3 Proper application of extenuating circumstances

Ratio Decidendi

Convictions of accused 1, 2, and 5 were not justified due to insufficient admissible evidence and improper reliance on hearsay and uncorroborated accomplice testimony. Accused 3 and 4 were properly convicted based on identification, corroborated accomplice evidence, and ballistic evidence, but extenuating circumstances warranted reduction of sentence from death to 20 years imprisonment. Accused 6 was guilty only as accessory after the fact, not murder, and sentence reduced to 3 years imprisonment.

Court Disposition

Appeals of accused 1, 2, and 5 upheld; convictions and sentences set aside. Appeals of accused 3 and 4 against conviction dismissed, but sentences reduced to 20 years imprisonment. Appeal of accused 6 upheld to extent; conviction for murder set aside, substituted with accessory after the fact and sentence reduced to...

Orders

  • Accused 1: conviction and sentence set aside.
  • Accused 2: conviction and sentence set aside.