R v Mohoase (C of A (CRI) 7 of 2004) [2004] LSCA 14 (20 October 2004)

R v Mohoase (C of A (CRI) 7 of 2004) [2004] LSCA 14 (20 October 2004)

The High Court judge acted beyond her powers by ordering a retrial and allowing a new charge after committal for sentence under section 293; such conduct was irregular and all subsequent proceedings are set aside. The matter must revert to the High Court for sentence before a different judge.

Citation
[2004] LSCA 14
Parties
Appellant: Thuloane Mohoase; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
20 October 2004
Case Number
C of A (CRI) 7 of 2004
Procedural Posture
Criminal Appeal / Appeal From High Court Conviction and Sentence
Outcome
appeal allowed; proceedings set aside; matter remitted for sentence
Legal Topics
Committal for Sentence, Powers of High Court on Committal, Irregular Retrial, Interpretation of Criminal Procedure and Evidence Act
Source Language
English
Criminal Law Criminal Procedure Committal for Sentence Powers of High Court on Committal Irregular Retrial Interpretation of Criminal Procedure and Evidence Act

Case Brief

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Parties

Thuloane Mohoase

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether the High Court judge had power to order a retrial after committal for sentence under section 293 of the Criminal Procedure and Evidence Act 7 of 1981
  2. 2 Proper interpretation of sections 164, 293, and 294 of the Act
  3. 3 Whether introduction of a new charge (attempted murder) at retrial was permissible

Ratio Decidendi

The High Court judge acted beyond her powers by ordering a retrial and allowing a new charge after committal for sentence under section 293; such conduct was irregular and all subsequent proceedings are set aside. The matter must revert to the High Court for sentence before a different judge.

Court Disposition

appeal allowed; proceedings set aside; matter remitted for sentence

Orders

  • Proceedings in the High Court before Guni J relating to the retrial, convictions, and sentences are set aside.
  • Matter remitted to the High Court for sentence in compliance with section 293 of the Criminal Procedure and Evidence Act 7 of 1981.