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Lesotho Case Law

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Criminal law [1996] LSHC 108

R v Mafeka (CRI/T 10 of 95)

R v Mafeka (CRI/T 10 of 95) [1996] LSHC 108 (31 October 1996)

The High Court of Lesotho quashed an indictment after finding that a preparatory examination conducted without a sworn interpreter was defective.

  • Committal for trial
  • Interpreter requirements
  • Admissibility of evidence
  • Right to fair trial
  • Sworn-interpreter
  • Committal-for-trial
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Criminal law [1996] LSHC 109

R v Mafeka (CRI/T 10 of 95)

R v Mafeka (CRI/T 10 of 95) [1996] LSHC 109 (31 October 1996)

The High Court quashed a murder indictment after finding the preparatory examination was conducted without a sworn interpreter, making the committal defective.

  • Murder
  • Committal for trial
  • Sworn interpreter requirement
  • Admissibility of evidence
  • Criminal-law
  • Evidence
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Criminal law [1986] LSCA 141

R v Mosothoane and Another (CRI/APN 242 of 86)

R v Mosothoane and Another (CRI/APN 242 of 86) [1986] LSCA 141 (27 October 1986)

Applicants were not committed for trial under section 78 but were to be summarily tried under section 144; therefore, they are not entitled to discharge under section 141.

  • Committal for trial
  • Summary trial
  • Discharge from imprisonment
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Criminal law [1986] LSCA 140

R v Mosothoane and Another (CRI/APN 242 of 86)

R v Mosothoane and Another (CRI/APN 242 of 86) [1986] LSCA 140 (27 October 1986)

The procedure for summary trial under section 144 is distinct from committal for trial under section 78; therefore, applicants are not entitled to discharge under section 141 as they were not committed for trial in the manner contemplated by the Act.

  • Committal for trial
  • Summary trial
  • Discharge from imprisonment
  • Interpretation of criminal procedure and evidence act
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Criminal law [1983] LSCA 30

R v Mohlouoa (CRI/T 32 of 82)

R v Mohlouoa (CRI/T 32 of 82) [1983] LSCA 30 (14 April 1983)

Setenane Mabaso could not be joined in summary trial proceedings under section 144 because a valid preparatory examination and committal had already occurred and had not been revived after discontinuance; thus, his joinder was improper.

  • Misjoinder
  • Committal for trial
  • Preparatory examination
  • Summary trial
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Criminal law [1983] LSCA 29

R v Mohlouoa (CRI/T 32 of 82)

R v Mohlouoa (CRI/T 32 of 82) [1983] LSCA 29 (14 April 1983)

After discontinuance of proceedings under section 5(c), the committal falls away and the accused cannot be re-indicted without a new preparatory examination and committal; section 144 cannot be invoked where section 92 has already been satisfied.

  • Misjoinder
  • Discontinuance of proceedings
  • Committal for trial
  • Preparatory examination
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