Lesotho Case Law

Malataliana v Director of Public Prosecutions (C of A (CRI) 4 of 20)

Malataliana v Director of Public Prosecutions (C of A (CRI) 4 of 20) [2020] LSCA 50 (30 October 2020)

Court

Court of Appeal

Case number

C of A (CRI) 4 of 20

The applicant was denied a hearing on the merits of his appeal and his bail was revoked without justification or breach of bail conditions. There were no negative grounds for refusing bail pending appeal, and the appeal raised arguable questions of law. The applicant's right to liberty and prospects of success warranted reinstatement of bail pending appeal.

Source excerpt

• Bail pending appeal
• Leave to appeal
• Review powers of appellate court
• Fair trial rights

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Mothobi v Director of Public Prosecutions (C of A (CRI) 4 of 2019)

Mothobi v Director of Public Prosecutions (C of A (CRI) 4 of 2019) [2020] LSCA 51 (30 October 2020)

Court

Court of Appeal

Case number

C of A (CRI) 4 of 2019

The appellants failed to show any material change of circumstances since the refusal of bail by the High Court as required by Rule 12(5) of the Court of Appeal Rules 2006. Their submissions were a repetition of those made in the High Court and did not address the jurisdictional threshold or the merits. The appeal was therefore dismissed.

Source excerpt

• Bail pending appeal
• Assault with intent to cause grievous bodily harm
• Change of circumstances for bail
• Jurisdiction of appellate court

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Khoali v Director of Public Prosecutions (C of A (CRI) 3 of 2011)

Khoali v Director of Public Prosecutions (C of A (CRI) 3 of 2011) [2012] LSCA 5 (27 April 2012)

Court

Court of Appeal

Case number

C of A (CRI) 3 of 2011

There has been no material change in the applicant’s situation since the refusal of bail by the trial court; the delay in preparation of the record does not constitute such a change. Therefore, the Court of Appeal lacks jurisdiction to entertain the application.

Source excerpt

• Bail pending appeal
• Change of circumstances
• Jurisdiction of appellate court

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R v Serobanyane and Others (C of A (CRI) 9 of 2005)

R v Serobanyane and Others (C of A (CRI) 9 of 2005) [2006] LSCA 1 (31 March 2006)

Court

Court of Appeal

Case number

C of A (CRI) 9 of 2005

The Court of Appeal postponed the criminal appeal and cross-appeal because of late service and an incomplete record, and released two accused on recognisances pending appeal.

• Postponement of hearing
• Bail pending appeal
• Service of process
• Appeal procedure
• Criminal-procedure
• Appeal-procedure

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Pelea v Director of Public Prosecutions (CRI/APN 601 of 2000)

Pelea v Director of Public Prosecutions (CRI/APN 601 of 2000) [2000] LSCA 123 (25 October 2000)

Court

Court of Appeal

Case number

CRI/APN 601 of 2000

Bail pending appeal was refused after a murder conviction, with the court finding no exceptional circumstances, weak prospects of success, and procedural defects.

• Bail pending appeal
• Judicial discretion
• Prospects of success
• Procedural requirements
• Bail-pending-appeal
• Criminal-law

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Kane v R (CRI/APN/14/2000; MASERU CR/848/2000)

Kane v R (CRI/APN/14/2000; MASERU CR/848/2000) [2000] LSCA 147 (23 August 2000)

Court

Court of Appeal

Case number

CRI/APN/14/2000 ; MASERU CR/848/2000

The court set aside a conviction entered on a guilty plea because the prosecutor’s facts did not connect the accused to the housebreaking and theft.

• Guilty plea
• Housebreaking
• Theft
• Appeal out of time
• Bail pending appeal
• Admissibility of facts

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Tsatsanyane v R (CRI/T 44 of 2000)

Tsatsanyane v R (CRI/T 44 of 2000) [2000] LSCA 84 (28 May 2000)

Court

Court of Appeal

Case number

CRI/T 44 of 2000

The High Court of Lesotho refused bail pending appeal, finding no strong prospects of success and rejecting the applicant’s misunderstanding of his conviction.

• Bail pending appeal
• Conviction for theft
• Accessory after the fact
• Prospects of success on appeal
• Bail-pending-appeal
• Criminal-procedure

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R v Mohloki and Others (CRI/A 61 of 94)

R v Mohloki and Others (CRI/A 61 of 94) [1996] LSHC 36 (26 February 1996)

Court

High Court

Case number

CRI/A 61 of 94

The conviction for robbery was upheld as all elements were present and appellants pleaded guilty, but the mandatory ten-year sentence was quashed as it induced a sense of shock and did not fit the circumstances; a sentence of eighteen months' imprisonment was imposed instead.

Source excerpt

• Robbery
• Sentencing
• Appeal procedure
• Bail pending appeal
• Courtroom conduct

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R v Letsie and Others (CRI/T 44 of 95)

R v Letsie and Others (CRI/T 44 of 95) [1996] LSHC 32 (19 February 1996)

Court

High Court

Case number

CRI/T 44 of 95

The High Court of Lesotho refused bail pending appeal after conviction, citing no formal application, no grounds of appeal, and no strong reasons to depart from the rule.

• Bail pending appeal
• Conviction
• Sentencing
• Appeal procedure
• Bail-pending-appeal
• Criminal-procedure

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Ralebitso v Director of Public Prosecutions (CRI/APN 641 of 95)

Ralebitso v Director of Public Prosecutions (CRI/APN 641 of 95) [1995] LSCA 203 (21 December 1995)

Court

Court of Appeal

Case number

CRI/APN 641 of 95

The High Court of Lesotho granted bail pending appeal, condoning procedural defects and finding arguable prospects of success in the appeal.

• Bail pending appeal
• Irregular procedure
• Condonation of procedural defects
• Bail-pending-appeal
• Criminal-procedure
• Procedural-irregularity

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