Makoae v R (Review Case 139 of 2013) [2014] LSHC 53 (29 January 2014)

Makoae v R (Review Case 139 of 2013) [2014] LSHC 53 (29 January 2014)

The proceedings and sentence were set aside because the Magistrate failed to properly record and explain the accused's right to legal representation and did not explain the essential requirements of the charge, violating fair trial rights.

Citation
[2014] LSHC 53
Parties
Applicant: Nthabiseng Mapesi Makoa; Respondent: Rex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 January 2014
Case Number
Review Case 139 of 2013
Procedural Posture
Criminal Review / Review Order
Outcome
proceedings and sentence set aside; retrial ordered
Legal Topics
Right to Legal Representation, Fair Trial, Procedural Defects, Counterfeit Currency
Source Language
English
Criminal Law Constitutional Law Procedure Right to Legal Representation Fair Trial Procedural Defects Counterfeit Currency

Case Brief

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Parties

Nthabiseng Mapesi Makoa

Applicant

Rex

Respondent

Procedural Posture

Criminal Review / Review Order

Legal Issues

  1. 1 Whether the accused was properly informed of the right to legal representation
  2. 2 Whether the procedural requirements for a guilty plea were followed

Ratio Decidendi

The proceedings and sentence were set aside because the Magistrate failed to properly record and explain the accused's right to legal representation and did not explain the essential requirements of the charge, violating fair trial rights.

Court Disposition

proceedings and sentence set aside; retrial ordered

Orders

  • Case to proceed de novo before a different Magistrate within two months from February 2014.