R v Mosili & Others (CRI/T 81 of 2000) [2001] LSCA 45 (23 August 2001)

R v Mosili & Others (CRI/T 81 of 2000) [2001] LSCA 45 (23 August 2001)

The court found that accused 1, 2, and 3 were positively identified, acted together, and were in possession of the deceased's stolen vehicle and property, corroborated by credible witnesses. Accused 4 knowingly participated in the sale of the stolen vehicle and received proceeds. The evidence against accused 6 and 7...

Source-derived case information.

Citation
[2001] LSCA 45
Parties
Prosecution: Rex; Accused 1: Posholi Pheello Mosili; Accused 2: Monts'o Ramalefane; Accused 3: Jackson Reentseng Phalali; Accused 4: Ts'iu Mopeli; Accused 5: Lev Ming Ren; Accused 6: Thabo Lekhooa; Accused 7: Thato Mosili
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
23 August 2001
Case Number
CRI/T 81 of 2000
Procedural Posture
Criminal / Judgment
Outcome
Conviction and acquittal
Legal Topics
Murder, Robbery, Receiving Stolen Property, Kidnapping, Evidence, Identification, Accomplice Testimony
Source Language
english
Criminal Law Murder Robbery Receiving Stolen Property Kidnapping Evidence Identification Accomplice Testimony

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Posholi Pheello Mosili

Accused 1

Monts'o Ramalefane

Accused 2

Jackson Reentseng Phalali

Accused 3

Ts'iu Mopeli

Accused 4

Lev Ming Ren

Accused 5

Thabo Lekhooa

Accused 6

Thato Mosili

Accused 7

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether accused 1, 2, and 3 are guilty of murder and robbery of Pieter Johannes Groenewald
  2. 2 Whether accused 4 is guilty of receiving stolen property knowing it to be stolen
  3. 3 Whether accused 6 and 7 are guilty of any of the charges

Ratio Decidendi

The court found that accused 1, 2, and 3 were positively identified, acted together, and were in possession of the deceased's stolen vehicle and property, corroborated by credible witnesses. Accused 4 knowingly participated in the sale of the stolen vehicle and received proceeds. The evidence against accused 6 and 7 was insufficient for conviction. The court rejected involuntariness and fabrication claims by the accused as unconvincing.

Court Disposition

Conviction and acquittal

Orders

  • Accused 1, 2, and 3 are convicted of murder and robbery as charged.
  • Accused 4 is convicted of receiving stolen property knowing it to be stolen.