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Lesotho Case Law

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Criminal law [2017] LSHC 36

R v Thai (CRI/T 34 of 5)

R v Thai (CRI/T 34 of 5) [2017] LSHC 36 (12 December 2017)

High Court of Lesotho convicted the accused of murder and attempted murder after accepting eyewitness identification, circumstantial evidence, and rejecting the alibi.

  • Murder
  • Attempted murder
  • Identification
  • Alibi
  • Circumstantial evidence
  • Sentencing
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Criminal law [2014] LSHC 9

R v Temo and Others (CRI/T 93 of 2012)

R v Temo and Others (CRI/T 93 of 2012) [2014] LSHC 9 (4 March 2014)

High Court of Lesotho murder and firearms case relying on circumstantial and ballistic evidence, with one accused convicted of murder and another as accessory.

  • Murder
  • Unlawful possession of firearm
  • Accessory before and after the fact
  • Alibi
  • Ballistics evidence
  • Extenuating circumstances
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Criminal law [2013] LSCA 34

Mpumelelo Mbobo v The Director of Public Prosecutions (C of A (CRI) 4 of 2013)

Mpumelelo Mbobo v The Director of Public Prosecutions (C of A (CRI) 4 of 2013) [2013] LSCA 34 (18 October 2013)

The Court of Appeal of Lesotho upheld Mbobo’s murder and attempted murder convictions, relying on multiple eyewitness identifications and rejecting his alibi.

  • Murder
  • Attempted murder
  • Identification evidence
  • Alibi
  • Sentencing
  • Criminal-law
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Criminal law [2010] LSHC 114

R v Tsepo Raphoka (CRI/T 78 of 7)

R v Tsepo Raphoka (CRI/T 78 of 7) [2010] LSHC 114 (13 December 2010)

The High Court of Lesotho acquitted Ts’epo Raphoka of murder, finding circumstantial evidence did not exclude other reasonable inferences and the alibi was not discredited.

  • Murder
  • Circumstantial evidence
  • Alibi
  • Burden of proof
  • Circumstantial-evidence
  • Burden-of-proof
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Criminal law [2009] LSCA 13

Mohale v R (C of A (CRI) 11 of 2008)

Mohale v R (C of A (CRI) 11 of 2008) [2009] LSCA 13 (23 October 2009)

Court of Appeal overturned a murder conviction, finding the trial court wrongly rejected the appellant’s alibi and that the single witness evidence did not prove guilt beyond reasonable doubt.

  • Murder
  • Conviction
  • Alibi
  • Single witness evidence
  • Withdrawal of admission
  • Standard of proof
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Criminal law [2004] LSCA 8

R v Mabilikoe (C of A (CRI) 8 of 2003)

R v Mabilikoe (C of A (CRI) 8 of 2003) [2004] LSCA 8 (20 October 2004)

Criminal appeal on dying declarations and alibi. The Court held the deceased’s statements were admissible, identification was reliable, and the conviction stood.

  • Dying declaration
  • Admissibility of evidence
  • Identification
  • Alibi
  • Murder
  • Dying-declarations
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Criminal law [2002] LSCA 91

Molapo v R (CRI/A 25 of 2001)

Molapo v R (CRI/A 25 of 2001) [2002] LSCA 91 (3 May 2002)

The appeal against a rape-related conviction succeeded because the prosecution failed to disprove alibi, prove the offence, or provide corroboration.

  • Rape
  • Indecent assault
  • Alibi
  • Burden of proof
  • Corroboration
  • Sentencing
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Criminal law [2002] LSCA 29

R v Khalane (Review 11 of 2002)

R v Khalane (Review 11 of 2002) [2002] LSCA 29 (26 February 2002)

Automatic review in a housebreaking and theft matter found the evidence did not link the accused to the offence, so the conviction was quashed.

  • Housebreaking
  • Theft
  • Evidence
  • Burden of proof
  • Alibi
  • Criminal-law
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Criminal law [2001] LSCA 62

Mashongoane v R (CRI/A 10 of 2000)

Mashongoane v R (CRI/A 10 of 2000) [2001] LSCA 62 (10 August 2001)

The conviction for rape was supported by credible evidence from the complainant and other Crown witnesses, the appellant's alibi was not reasonably possibly true, and the sentence imposed by the trial court was inappropriately lenient given the aggravating circumstances. The appeal against conviction fails, but the sentence is enhanced to six years' imprisonment without suspension.

  • Rape
  • Sentencing
  • Appeals
  • Corroboration
  • Alibi
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Criminal law [1995] LSCA 169

In Complete Judgement (CRI/T 20 of 94)

In Complete Judgement (CRI/T 20 of 94) [1995] LSCA 169 (30 October 1995)

The High Court of Lesotho convicted Tlokotsi Raseotsana of murdering his two sisters, rejected his alibi, and found extenuating circumstances before sentencing.

  • Murder
  • Extenuating circumstances
  • Evidence (circumstantial and admissions)
  • Circumstantial-evidence
  • Admissions
  • Alibi
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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.