R v Mosothoane and Another (CRI/APN 108 of 86) [1986] LSCA 107 (4 August 1986)

R v Mosothoane and Another (CRI/APN 108 of 86) [1986] LSCA 107 (4 August 1986)

The applicants were denied bail because the seriousness of the charge, the risk of absconding or interfering with witnesses, and the circumstances of the case outweighed the presumption of innocence and liberty of the subject. The court found the Crown's fears credible and the applicants' situation not suitable for bail.

Citation
[1986] LSCA 107
Parties
Applicant: Phatela Mosothoane; Applicant: Lekana Mathibela; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
4 August 1986
Case Number
CRI/APN 108 of 86
Procedural Posture
Criminal / Bail Application
Outcome
bail denied
Legal Topics
Bail, Murder, Pre Trial Detention
Source Language
English
Criminal Law Procedure Bail Murder Pre Trial Detention

Case Brief

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Parties

Phatela Mosothoane

Applicant

Lekana Mathibela

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 applicants were denied bail because the seriousness of the charge, the risk of absconding or interfering with witnesses, and the circumstances of the case outweighed the presumption of innocence and liberty of the subject. The court found the Crown's fears credible and the applicants' situation not suitable for bail.

Court Disposition

bail denied

Orders

  • Applicants are not admitted to bail pending trial.