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Lesotho decisions
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Neko v Director of Public Prosecutions and Others (CRI/APN 77 of 2012) [2012] LSHC 37 (1 August 2012)
High Court review of a criminal conviction for arson dismissed. The court held that admitted statements corroborated accomplice evidence and no gross irregularity was shown.
In Re:R v Manyala and R v Ntseke (C of A (CRI) 5 of 2011) [2012] LSCA 6 (27 April 2012)
The Court of Appeal upheld Kholu Manyala’s fraud and theft conviction and sentence, and dismissed the Crown’s cross-appeal against Neo Ntseke’s acquittal.
Molapo v R (CRI/A 25 of 2001) [2002] LSCA 91 (3 May 2002)
The appeal against a rape-related conviction succeeded because the prosecution failed to disprove alibi, prove the offence, or provide corroboration.
Mashongoane v R (CRI/A 10 of 2000) [2001] LSCA 62 (10 August 2001)
The conviction for rape was supported by credible evidence from the complainant and other Crown witnesses, the appellant's alibi was not reasonably possibly true, and the sentence imposed by the trial court was inappropriately lenient given the aggravating circumstances. The appeal against conviction fails, but the sentence is enhanced to six years' imprisonment without suspension.
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R v Phatsoane (CRI/REV 51 of 2000) [2000] LSCA 110 (22 November 2000)
The conviction was proper as the complainant was found to be a reliable and trustworthy witness, corroborated by medical evidence and circumstances, and the accused's version was rejected as false. The sentence of five years was inadequate given the aggravating factors, including the victim's age and use of violence, and was increased to eight years' imprisonment.
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Montsuoe v R (CRI/A 1 of 2000) [2000] LSCA 87 (16 May 2000)
The High Court of Lesotho upheld a rape conviction, found the complainant credible and corroborated, and increased the sentence to nine years less two months.
R v Rantsoti (CR 99/99; CRI/A/35/99) [2000] LSCA 19 (6 March 2000)
The court dismissed a rape conviction appeal, holding that the complainant was credible and that strangulation corroborated lack of consent despite delayed medical examination.
Piti and Another v P (CRI/A 36 of 91) [1994] LSCA 59 (17 March 1994)
The High Court of Lesotho set aside rape convictions, finding the identification evidence unreliable because it came from a single witness in dark conditions without corroboration.
R v Mafethemane (CRI/REV 411 of 90) [1991] LSCA 31 (25 February 1991)
The court confirmed a rape conviction, held corroboration was not a strict legal requirement, and increased the sentence from five to eight years.
Ralengana v R (C of A (CRI) 6 of 1989) [1990] LSCA 122 (27 July 1990)
The Court of Appeal upheld an armed robbery conviction, finding the appellant was reliably identified and that corroborating evidence supported the trial court’s findings.
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