Chefa v Director of Public Prosecutions (CRI/APN 381 of 13) [2013] LSHC 77 (20 September 2013)
The applicant failed to establish exceptional circumstances as required by section 109A of the Criminal Procedure and Evidence Act (Amendment Act) 2002, given the seriousness of the offences and the prima facie evidence against him, and thus does not qualify for bail.
- Citation
- [2013] LSHC 77
- Parties
- Applicant: Sehloho Chefa; Respondent: The Director of Public Prosecutions
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 20 September 2013
- Case Number
- CRI/APN 381 of 13
- Procedural Posture
- Criminal Bail Application / Ruling on Bail Application
- Outcome
- Bail application refused
- Legal Topics
- Bail, Murder, Attempted Murder, Arson, Exceptional Circumstances
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sehloho Chefa
Applicant
The Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Bail Application / Ruling on Bail Application
Legal Issues
- 1 Whether the applicant has established exceptional circumstances to qualify for bail under section 109A of the Criminal Procedure and Evidence Act (Amendment Act) 2002
- 2 Whether the seriousness of the offences and interests of justice justify refusal of bail
Ratio Decidendi
The applicant failed to establish exceptional circumstances as required by section 109A of the Criminal Procedure and Evidence Act (Amendment Act) 2002, given the seriousness of the offences and the prima facie evidence against him, and thus does not qualify for bail.
Court Disposition
Bail application refused
Orders
- Bail is refused
- Applicant may reapply if prosecution is unreasonably delayed
Full Case Text
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