Rex v Moji (CRI/T/0141/2017) [2022] LSHC 92 (27 April 2022)
- Citation
- [2022] LSHC 92
- Status
- Judgment
- Jurisdiction
- Lesotho
- Court
- High Court
- Posture
- Criminal / Application for Discharge After Close of Crown Case
- Case number
- CRI/T/0141/2017
- Language
- English
More details
- Court
- High Court
- Posture
- Criminal / Application for Discharge After Close of Crown Case
- Case number
- CRI/T/0141/2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The accused was discharged and acquitted because, after exclusion of the confession, there was no evidence connecting him to the crime.
Court disposition
accused discharged and acquitted
Orders
- The accused is discharged and acquitted.
02
Material facts
Parties
Rex
Prosecution Counsel: Mr ThabaThapelo Moji
Accused Counsel: Mr MasipholeAmounts and remedies
- Years in Detention: 11
03
Procedural history
Posture
Criminal / Application for Discharge After Close of Crown Case
04
Questions and positions
Legal issues
Whether there is evidence connecting the accused to the crime after exclusion of confession
Party arguments
- Applicant
- The accused contends that there is no evidence to connect him with the crime after the Court found his confession was not freely and voluntarily made.
- Respondent
- There was no reply from Crown.
05
Court’s reasoning
Legal principles
- 01
Rex v Manyeli LAC 2007 – 2008 p377 at 383
An accused is entitled to discharge if there is no evidence connecting him to the crime after the close of the prosecution case.
- 02
S vs Shuping 1981 (2) SA 119 at 120
A confession not freely and voluntarily made is inadmissible.
06
Ratio, limits and disposition
Ratio decidendi
The accused was discharged and acquitted because, after exclusion of the confession, there was no evidence connecting him to the crime.
Obiter and limits
- The only regret is that the accused had stayed in detention since 2011 to date.
Court disposition
accused discharged and acquitted
- The accused is discharged and acquitted.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
1 CRI/T/0141/2017
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU In the matter between:- REX vs
THAPELO MOJI
CORAM : HON. T. MATOOANE ACTING JUDGE DATE OF JUDGMENT: 27th APRIL, 2022.
RULING Neutral citation:- Rex vs Thapelo Moji (No.1) [2022] LSHC 84 Crim. (27th April 2022) Application for discharge after the Crown case was made in terms of Section 175 (3) of the Criminal Procedure and Evidence Act. The accused contends that there is no evidence to connect him with the crime after the Court has found his confession was not freely and voluntarily made. There was no reply from Crown For the legal position when such applications are made see Rex v Manyeli LAC 2007 – 2008 p377 at 383. See also S vs Shuping 1981 (2) SA 119 at 120. I accordingly find that the accused should be discharged and acquitted. The only regret is that the accused had stayed in detention since 2011 to date. T. MATOOANE
ACTING JUDGE For Crown For Defence : : Mr Thaba Mr Masiphole
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