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Lesotho Case Law

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Criminal law [2014] LSHC 29

Letsepileng Mashaphane v Director of Public Prosecutions (CR 1; CRI/A)

Letsepileng Mashaphane v Director of Public Prosecutions (CR 1; CRI/A) [2014] LSHC 29 (14 August 2014)

The High Court of Lesotho dismissed a rape appeal, holding that circumstantial and identification evidence, including the accused’s hat and overall, supported conviction.

  • Rape
  • Identification evidence
  • Appeal against conviction
  • Appeal against sentence
  • Identification-evidence
  • Criminal-appeal
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Criminal law [2014] LSHC 70

R v Rathakholi (CR 42; Rev/Case)

R v Rathakholi (CR 42; Rev/Case) [2014] LSHC 70 (26 July 2014)

The prescribed minimum sentence of 10 years imprisonment was disproportionate to the gravity and circumstances of the offence, which involved repeated rape of a minor by her father over three years resulting in pregnancy. A higher sentence is justified to reflect the seriousness of the crime and societal interests.

  • Rape
  • Sexual offences
  • Sentencing
  • Incest
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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 [2011] LSHC 115

R v Qacha (Review Case 26 of 2011)

R v Qacha (Review Case 26 of 2011) [2011] LSHC 115 (28 July 2011)

Automatic review of a sexual offence conviction and 12-year sentence. The High Court of Lesotho upheld the magistrate’s findings and certified the proceedings as regular.

  • Sexual offences
  • Rape
  • Evidence
  • Sentencing
  • Criminal-law
  • Sexual-offences
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Criminal law [2011] LSHC 116

R v Makebe (Review Case 27 of 2011)

R v Makebe (Review Case 27 of 2011) [2011] LSHC 116 (24 March 2011)

High Court review of a rape conviction and eight-year sentence. The court upheld the complainant’s evidence, confirmed conviction, and found the sentence was the statutory minimum.

  • Sexual offences
  • Rape
  • Sentencing
  • Review
  • Criminal-law
  • Sexual-offences
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Criminal law [2007] LSCA 9

R v Mohoase (C of A (CRI) 7 of 2004)

R v Mohoase (C of A (CRI) 7 of 2004) [2007] LSCA 9 (4 April 2007)

The Court of Appeal set aside a High Court retrial and convictions, holding the judge acted beyond her powers after a committal for sentence under section 293.

  • Committal for sentence
  • Powers of high court on committal
  • Irregular retrial
  • Interpretation of criminal procedure and evidence act
  • Criminal-procedure
  • Committal-for-sentence
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Criminal law [2003] LSCA 2

R v Ramaema, R v Ramaema and Others (C of A (CRI) 8 of 2001)

R v Ramaema, R v Ramaema and Others (C of A (CRI) 8 of 2001) [2003] LSCA 2 (14 April 2003)

On automatic review, the court confirmed the conviction for rape but held the magistrate’s 9½-year sentence too lenient and substituted 15 years on each count, concurrent.

  • Rape
  • Sentencing
  • Protection of women and girls
  • Criminal-review
  • Victim-age
  • Women-and-girls-protection
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Criminal law [2003] LSCA 3

R v Sekhonyana (CR 172/01; Review Case 8/02; Review Order 2/02)

R v Sekhonyana (CR 172/01; Review Case 8/02; Review Order 2/02) [2003] LSCA 3 (1 January 2003)

On automatic review, the High Court of Lesotho confirmed the rape convictions but increased the sentence from 9.5 years to 15 years on each count.

  • Rape
  • Sentencing
  • Protection of minors
  • Protection-of-minors
  • Criminal-review
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Criminal law [2003] LSCA 4

R v Sokhonyana (Rev. 8 of 2)

R v Sokhonyana (Rev. 8 of 2) [2003] LSCA 4 (1 January 2003)

On automatic review, the High Court of Lesotho confirmed a rape conviction but found the magistrate’s 9½-year sentence too lenient and increased it to 15 years per count.

  • Rape
  • Sentencing
  • Sexual offences against minors
  • Review of sentence
  • Sexual-offences-against-minors
  • Criminal-review
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Criminal law [2002] LSCA 72

R v Qhochambane (CR; Rev. Case; Rev. Order 70)

R v Qhochambane (CR; Rev. Case; Rev. Order 70) [2002] LSCA 72 (26 June 2002)

High Court review of a rape sentence involving two minor complainants. The court found the original seven-year term too lenient and increased it to twenty years.

  • Rape
  • Sentencing
  • Consent of minors
  • Review of sentence
  • Consent-of-minors
  • Criminal-review
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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.