Lesotho Case Law

Rex v Rapiletsa (CRI/T/0015/2020)

Rex v Rapiletsa (CRI/T/0015/2020) [2022] LSHC 21 (22 March 2022)

Court

High Court

Case number

CRI/T/0015/2020

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.

Source excerpt

• Murder
• Attempted murder
• Common purpose
• Self-defence
• Extenuating circumstances
• Sentencing

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Mochesane v The Director of Public Prosecutions (CRI/APN 602 of 17)

Mochesane v The Director of Public Prosecutions (CRI/APN 602 of 17) [2019] LSHC 25 (21 October 2019)

Court

High Court

Case number

CRI/APN 602 of 17

High Court of Lesotho refused bail pending trial for attempted murder, holding that the seriousness of the charge and possible penalty outweighed the applicant’s liberty interests.

• Bail
• Attempted murder
• Pre-trial detention
• Presumption of innocence
• Pre-trial-detention
• Attempted-murder

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Phusumane v The Director of Public Prosecutions (CRI/APN 616 of 18)

Phusumane v The Director of Public Prosecutions (CRI/APN 616 of 18) [2018] LSHC 21 (8 March 2018)

Court

High Court

Case number

CRI/APN 616 of 18

Bail was refused because the petitioner failed to provide a substantive response to the prima facie case against him, the offence was serious and committed under circumstances likely to shock the community, public confidence in the justice system would be undermined by his release, and there was insufficient expert evidence to support his claim that prison conditions could not manage his health.

Source excerpt

• Bail
• Presumption of innocence
• Attempted murder
• Interest of justice
• Right to liberty
• Health grounds for bail

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R v Thai (CRI/T 34 of 5)

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

Court

High Court

Case number

CRI/T 34 of 5

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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Falten v Rex (C of A (CRI) 4 of 2012)

Falten v Rex (C of A (CRI) 4 of 2012) [2015] LSCA 44 (6 November 2015)

Court

Court of Appeal

Case number

C of A (CRI) 4 of 2012

The Court of Appeal of Lesotho granted condonation for a late criminal appeal but dismissed the sentence appeal, upholding 18 years for murder as not excessive.

• Appeal against sentence
• Condonation for late filing
• Sentencing discretion
• Murder
• Attempted murder
• Criminal-appeal

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Shemane v The Learned Magistrate Thaba-Tseka (CRI/A 6 of 2014)

Shemane v The Learned Magistrate Thaba-Tseka (CRI/A 6 of 2014) [2015] LSHC 27 (18 May 2015)

Court

High Court

Case number

CRI/A 6 of 2014

Appellant shot directly at complainant with a lethal weapon, evidencing intention to kill. The sentence of 3 years without option of a fine is not shockingly severe and does not warrant appellate interference.

Source excerpt

• Attempted murder
• Intention in criminal law
• Sentencing

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Paamo v Rex (C of A (CRI) 6 of 2013)

Paamo v Rex (C of A (CRI) 6 of 2013) [2014] LSCA 51 (24 October 2014)

Court

Court of Appeal

Case number

C of A (CRI) 6 of 2013

The appellant was properly identified as the person who fired in the direction of the fleeing students. However, the Crown failed to prove beyond reasonable doubt that the appellant had subjective foresight and reconciliation with the possibility of death (dolus eventualis). Therefore, the conviction for murder is substituted with culpable homicide, and the convictions for attempted murder are substituted with assault with intent to cause grievous bodily harm.

Source excerpt

• Murder
• Culpable homicide
• Attempted murder
• Assault with intent to cause grievous bodily harm
• Firearms use by police
• Sentencing

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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)

Court

Court of Appeal

Case number

C of A (CRI) 4 of 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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Tankiso Moholisa v Rex (C of A (CRI) 2 of 2013)

Tankiso Moholisa v Rex (C of A (CRI) 2 of 2013) [2013] LSCA 33 (18 October 2013)

Court

Court of Appeal

Case number

C of A (CRI) 2 of 2013

The appellant joined in a murderous assault on the deceased after the fatal injury had likely already been inflicted. The Crown failed to prove that the appellant's conduct causally contributed to the death. Therefore, the appellant is guilty of attempted murder, not murder.

Source excerpt

• Murder
• Attempted murder
• Dolus eventualis
• Causation
• Sentencing

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Chefa v Director of Public Prosecutions (CRI/APN 381 of 13)

Chefa v Director of Public Prosecutions (CRI/APN 381 of 13) [2013] LSHC 77 (20 September 2013)

Court

High Court

Case number

CRI/APN 381 of 13

The High Court of Lesotho refused bail to an applicant charged with double murder, attempted murder and arson, finding no exceptional circumstances under section 109A.

• Bail
• Murder
• Attempted murder
• Arson
• Exceptional circumstances
• Attempted-murder

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