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Lesotho decisions
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Mothusi Sello & 4 Others V Director of Public Prosecution (C of A (CRI) No 10/2024) [2024] LSCA 45 (1 November 2024)
The Court of Appeal of Lesotho dismissed a bail appeal in a common-purpose murder case, holding that the appellants failed to show exceptional circumstances.
Rex v Mokhupi (CRI/T/0034/2022) [2023] LSHC 8 (9 March 2023)
The High Court of Lesotho convicted five accused of culpable homicide, not murder, after a fatal assault during an attempted initiation-school escort.
Rex v Motsoane (CRI/T/0014/2018) [2022] LSHC 159 (12 December 2022)
The High Court of Lesotho acquitted the remaining accused in a murder case, finding the prosecution failed to prove common purpose beyond reasonable doubt.
Mothobi v Director of Public Prosecutions (C of A No. 04/2019) [2022] LSCA 24 (13 May 2022)
Court of Appeal of Lesotho held that a group assault causing death amounted to murder with constructive intent, and reduced each sentence to 10 years.
Rex v Rapiletsa (CRI/T/0015/2020) [2022] LSHC 21 (22 March 2022)
The accused were found guilty of murder and attempted murder under the doctrine of common purpose. Their claim of self-defence was rejected as the force used was excessive and continued after the victims were no longer a threat. Extenuating circumstances were found due to lack of premeditation, animosity, remorse, and voluntary surrender to police, reducing moral blameworthiness but not culpability.
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R v Lesenya (CRI/T 1 of 10) [2020] LSHC 27 (8 October 2020)
The High Court of Lesotho convicted two brothers of murdering the first accused’s wife, relying on circumstantial evidence, admissions, and common purpose.
R v Ranoha (CRI/T 87 of 10) [2019] LSHC 61 (12 December 2019)
High Court of Lesotho case on murder, common purpose, and an attempted mid-trial plea change to assault. The accused was convicted only of assault common.
Keketsi Ntholeng & Others v Rex (C of A (CRI) 4 of 2014) [2016] LSCA 21 (29 April 2016)
The Court of Appeal of Lesotho dismissed a murder appeal, upholding convictions based on common purpose and dolus eventualis and rejecting claims of sentencing irregularity.
R v Khoali (C of A (CRI) 3 of 11) [2012] LSCA 47 (19 October 2012)
The conviction was set aside because there was no direct evidence implicating the appellant in the assault or murder, the trial court misapplied the doctrine of common purpose, and the incomplete record prejudiced the appellant's right to a fair trial.
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R v Chefa (CR 815 of 7) [2012] LSHC 45 (22 May 2012)
The High Court of Lesotho dismissed a criminal appeal, holding that the appellant’s conduct and silence supported conviction for bribery on common purpose.
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