Moholisa and Another v R (CRI/APN 151 of 86) [1986] LSCA 106 (4 August 1986)

Moholisa and Another v R (CRI/APN 151 of 86) [1986] LSCA 106 (4 August 1986)

In the absence of proof that the applicants have previously attempted to abscond or interfere with witnesses, and considering their personal circumstances and the possibility of imposing conditions to mitigate risks, the applicants are entitled to bail.

Citation
[1986] LSCA 106
Parties
Applicant: Phiri Moholisa; Applicant: Mpho Moholisa; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
4 August 1986
Case Number
CRI/APN 151 of 86
Procedural Posture
Criminal / Bail Application
Outcome
Bail granted with conditions
Legal Topics
Bail, Robbery, Judicial Discretion
Source Language
English
Criminal Law Procedure Bail Robbery Judicial Discretion

Case Brief

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Parties

Phiri Moholisa

Applicant

Mpho Moholisa

Applicant

Rex

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial for armed robbery

Ratio Decidendi

In the absence of proof that the applicants have previously attempted to abscond or interfere with witnesses, and considering their personal circumstances and the possibility of imposing conditions to mitigate risks, the applicants are entitled to bail.

Court Disposition

Bail granted with conditions

Orders

  • Each applicant to pay M300 cash deposit.
  • Each applicant to produce one surety acceptable to the Registrar binding himself in the sum of M300 (not cash).