R v Mosothoane and Another (CRI/APN 242 of 86) [1986] LSCA 141 (27 October 1986)

R v Mosothoane and Another (CRI/APN 242 of 86) [1986] LSCA 141 (27 October 1986)

Applicants were not committed for trial under section 78 but were to be summarily tried under section 144; therefore, they are not entitled to discharge under section 141.

Source-derived case information.

Citation
[1986] LSCA 141
Parties
Applicant: Phatela Mosothoane; Applicant: Lekena Mathibela; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
27 October 1986
Case Number
CRI/APN 242 of 86
Procedural Posture
Criminal Application / Judgment on Application for Discharge From Imprisonment
Outcome
application dismissed
Legal Topics
Committal for Trial, Summary Trial, Discharge From Imprisonment
Source Language
english
Criminal Law Criminal Procedure Committal for Trial Summary Trial Discharge From Imprisonment

Source-derived case record

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Parties

Phatela Mosothoane

Applicant

Lekena Mathibela

Applicant

Rex

Respondent

Procedural Posture

Criminal Application / Judgment on Application for Discharge From Imprisonment

Legal Issues

  1. 1 Whether applicants are entitled to discharge from imprisonment under section 141 read with section 279 of the Criminal Procedure and Evidence Act 1981
  2. 2 Whether summary trial under section 144 is equivalent to committal for trial under section 78

Ratio Decidendi

Applicants were not committed for trial under section 78 but were to be summarily tried under section 144; therefore, they are not entitled to discharge under section 141.

Court Disposition

application dismissed

Orders

  • application for discharge from imprisonment is dismissed