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Lesotho Case Law

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Criminal law [2002] LSCA 68

R v Mohapi (CR; Rev. Case; Rev. Order 55)

R v Mohapi (CR; Rev. Case; Rev. Order 55) [2002] LSCA 68 (5 August 2002)

A juvenile review case concerning a 12-year-old boy detained at the Juvenile Training Centre, with the court examining probation material and family circumstances.

  • Juvenile sentencing
  • Detention of minors
  • Probation reports
  • Parental care
  • Rehabilitation of offenders
  • Juvenile-sentencing
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Criminal law [2002] LSCA 21

R v Mabalea (CR; Review Case; Rev. Order 1)

R v Mabalea (CR; Review Case; Rev. Order 1) [2002] LSCA 21 (8 March 2002)

Automatic review of a juvenile indecent assault conviction resulted in release from custody, probation with supervision, community service, and family group conference.

  • Indecent assault
  • Sentencing
  • Probation
  • Community service
  • Rehabilitation of offenders
  • Juvenile-justice
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Criminal law [1996] LSCA 11

R v Moso (C of A (CRT) 5 of 1995)

R v Moso (C of A (CRT) 5 of 1995) [1996] LSCA 11 (19 January 1996)

The Court of Appeal of Lesotho set aside a custodial sentence imposed on a 16-year-old convicted of murder and replaced it with a three-year postponed sentence under probation supervision.

  • Sentencing
  • Extenuating circumstances
  • Probation
  • Custodial vs non-custodial sentence
  • Juvenile-justice
  • Non-custodial-sentences
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Criminal law [1991] LSCA 114

Moleko and Others v Director of Public Prosecutions (CRI/A/225.91; CRI/A/229/91; CRT/A/227/91)

Moleko and Others v Director of Public Prosecutions (CRI/A/225.91; CRI/A/229/91; CRT/A/227/91) [1991] LSCA 114 (13 September 1991)

The magistrates failed to determine the age of the appellants and did not ensure proper procedure for children accused of serious offences. The pleas of guilty by the 2nd, 3rd, and 4th appellants were equivocal, rendering the trials nullities. The convictions and sentences for these appellants are set aside. For the 1st appellant, the conviction is upheld due to corroborative evidence, but the sentence is set aside and substituted with a discharge and caution due to time already served and age at the time of offence.

  • Stock theft
  • Housebreaking
  • Theft
  • Minimum sentences
  • Age determination
  • Plea of guilty
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.