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Lesotho decisions
Decisions matching the current search
Moabi Sesioana V Director of Public Prosecutions (CRI/T/228/2023) [2023] LSHC 209 (27 September 2023)
Bail was refused because the accused failed to show exceptional circumstances under section 109A of the Criminal Procedure and Evidence Act.
Khotseng v Director of Public Prosecutions (CRI/APN 558 of 2011) [2012] LSHC 17 (8 May 2012)
The applicant is likely not to stand trial if released on bail, as evidenced by his departure to South Africa after the offence, his stated intention to return there, and the circumstances of his arrest after five months. These factors outweigh the presumption of innocence and justify refusal of bail.
Source excerpt
Motho-Mang v Magistrate of Maseru & Others (CRI/T 829 of 2002) [2002] LSCA 146 (13 September 2002)
On review, the High Court set aside a magistrate’s bail order after finding reliance on an unsworn valuation document and varying bail to M300 with surety.
Ramaema v Magistrate (Mr Mafatlane) & Another (C R 301/2001 ; CRI/APN/303/2001) [2001] LSCA 80 (8 June 2001)
The Court of Appeal set aside a magistrate’s bail decision after finding the vehicle valuation under the Motor Vehicle Theft Act was made irregularly and without credible evidence.
Ramaema v Magistrate (Mr Mafatlane) & Another (CR 301/2001; CRI/APN/303/2001) [2001] LSCA 77 (8 June 2001)
The High Court set aside a magistrate’s bail decision after finding the vehicle’s value had been determined irregularly, and ordered a fresh bail application.
Nkhooa v R (CRI/95/2001; CRI/A/8/2001) [2001] LSCA 88 (10 May 2001)
The High Court of Lesotho reduced bail from M15,000 to M50 after finding the magistrate set an excessive amount without inquiry into means or evidence of vehicle value.
Pelea v Director of Public Prosecutions (CRI/APN 601 of 2000) [2000] LSCA 123 (25 October 2000)
Bail pending appeal was refused after a murder conviction, with the court finding no exceptional circumstances, weak prospects of success, and procedural defects.
Matee v R (CRI/APN 426 of 2000) [2000] LSCA 59 (31 July 2000)
The High Court of Lesotho granted bail to the applicant in a criminal matter, finding the prosecution’s chronology and evidence inadequate to justify detention.
Hlasoa and Another v Director of Public Prosecutions (CRI/APN 153 of 2000) [2000] LSCA 1 (20 April 2000)
There were no good grounds for opposing the release of the applicants on bail as the opposition was not supported by substantive evidence or reasoning. The applicants were therefore admitted to bail with conditions.
Source excerpt
Labuschagne v R (CRI/A 48 of 90) [1990] LSCA 98 (14 June 1990)
The High Court upheld bail conditions requiring surrender of a passport and a M200 deposit, holding that the magistrate acted within statutory powers.
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