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Lesotho Case Law

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Criminal law [2022] LSHC 97

Rex v Mereko (CRI/T/0187/2017)

Rex v Mereko (CRI/T/0187/2017) [2022] LSHC 97 (16 February 2022)

The High Court of Lesotho sentenced the accused after a guilty plea to culpable homicide, imposing a 4-year prison term wholly suspended for one year.

  • Culpable homicide
  • Separation of trials
  • Sentencing
  • Mitigation
  • Culpable-homicide
  • Guilty-plea
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Criminal law [2022] LSHC 93

Rex v Mosoeu (CRI/T/0088/2017)

Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022)

The High Court of Lesotho sentenced a man who pleaded guilty to culpable homicide to six years’ imprisonment, wholly suspended for three years, and ordered compensation.

  • Culpable homicide
  • Sentencing
  • Mitigation
  • Suspended sentence
  • Compensation
  • Culpable-homicide
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Criminal law [2020] LSHC 27

R v Lesenya (CRI/T 1 of 10)

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.

  • Murder
  • Circumstantial evidence
  • Common purpose
  • Mitigation
  • Sentencing
  • Circumstantial-evidence
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Criminal law [2016] LSCA 21

Keketsi Ntholeng & Others v Rex (C of A (CRI) 4 of 2014)

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.

  • Murder
  • Common purpose
  • Dolus eventualis
  • Circumstantial evidence
  • Sentencing
  • Mitigation
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Criminal law [2014] LSHC 6

R v Tsotleho Thulo (CRI/S 4 of 2013)

R v Tsotleho Thulo (CRI/S 4 of 2013) [2014] LSHC 6 (12 February 2014)

The accused's intoxication did not negate intention but was considered as an extenuating factor, precluding the death penalty. The gravity of the offence, the age of the victim, the accused's knowledge of his HIV status, and the breach of parental trust warranted a severe custodial sentence.

  • Rape
  • Sexual offences
  • Sentencing
  • Hiv and criminal liability
  • Mitigation
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Criminal law [2002] LSCA 114

R vThobakae (CRI/T 13 of 2001)

R vThobakae (CRI/T 13 of 2001) [2002] LSCA 114 (11 November 2002)

The High Court of Lesotho convicted the accused of culpable homicide on his own plea and imposed three years’ imprisonment without a fine option.

  • Culpable homicide
  • Sentencing
  • Mitigation
  • Murder
  • Culpable-homicide
  • Criminal-law
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Criminal law [2002] LSCA 61

R v Rakhosi (CRI/T 724 of 2001)

R v Rakhosi (CRI/T 724 of 2001) [2002] LSCA 61 (13 August 2002)

The High Court of Lesotho accepted a guilty plea to culpable homicide, convicted the accused for killing her newborn baby, and imposed a wholly suspended three-year sentence.

  • Culpable homicide
  • Murder
  • Sentencing
  • Mitigation
  • Culpable-homicide
  • Guilty-plea
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Criminal law [2002] LSCA 10

Khoptjoa v R (CRI/A 16 of 2001)

Khoptjoa v R (CRI/A 16 of 2001) [2002] LSCA 10 (3 April 2002)

The High Court varied two concurrent burglary-and-theft sentences after finding the magistrate gave no reasons and did not show mitigation was considered.

  • Sentencing
  • Housebreaking
  • Theft
  • Mitigation
  • First offender
  • Judicial discretion
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Criminal law [2001] LSCA 86

R v Mokalanyane & Others (CRI/T 44 of 2000)

R v Mokalanyane & Others (CRI/T 44 of 2000) [2001] LSCA 86 (15 May 2001)

On mitigation, the court imposed custodial sentences for murder, robbery-related offending, and theft, while considering youth, health, cooperation, and pre-trial custody.

  • Mitigation
  • Sentencing
  • Theft
  • Murder
  • Robbery
  • Criminal-law
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Criminal law [2000] LSCA 155

Molise & Others v R (CRI/A 25 of 2000)

Molise & Others v R (CRI/A 25 of 2000) [2000] LSCA 155 (15 December 2000)

Given the seriousness of the offence, the injuries inflicted, and the lack of remorse, the sentence of twelve months imprisonment without an option of a fine is appropriate and not excessive.

  • Assault with intent to do grievous bodily harm
  • Sentencing
  • Mitigation
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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.