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Lesotho Case Law

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Criminal law [2018] LSHC 29

Masilo v R (CRI/A 8 of 17)

Masilo v R (CRI/A 8 of 17) [2018] LSHC 29 (30 August 2018)

The High Court of Lesotho dismissed a criminal appeal, holding that the Crown’s summary of facts after a guilty plea contained all essential elements of the charge.

  • False statement
  • Criminal procedure
  • Appeal
  • Criminal-law
  • Criminal-procedure
  • Guilty-plea
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Criminal law [2012] LSHC 45

R v Chefa (CR 815 of 7)

R v Chefa (CR 815 of 7) [2012] LSHC 45 (22 May 2012)

The High Court of Lesotho dismissed a criminal appeal, holding that the appellant’s conduct and silence supported conviction for bribery on common purpose.

  • Bribery
  • Common purpose
  • Criminal procedure
  • Adverse inference from silence
  • Common-purpose
  • Criminal-appeal
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Criminal law [2008] LSCA 21

Director of Public Prosecutions v Macaefa (C of A (CRI) 9 of 2008)

Director of Public Prosecutions v Macaefa (C of A (CRI) 9 of 2008) [2008] LSCA 21 (17 October 2008)

The trial court erred in finding no admissible evidence and misapplied the law regarding the charge and evidentiary requirements; there was evidence on which a reasonable court might convict, and the discharge was wrongly granted.

  • Sedition
  • Statutory interpretation
  • Criminal procedure
  • Incitement
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Criminal law [2002] LSCA 121

R v Letsie (CRI/T 3 of 2001)

R v Letsie (CRI/T 3 of 2001) [2002] LSCA 121 (29 October 2002)

A public prosecutor was convicted of bribery after the court found she agreed to accept M500 to stop prosecuting a detainee’s third case.

  • Bribery
  • Corruption
  • Public officer misconduct
  • Criminal procedure
  • Public-official-misconduct
  • Criminal-procedure
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Criminal law [2002] LSCA 133

Motsoene & Others v Motai & Another (CIV/T 15; C of A (CIV))

Motsoene & Others v Motai & Another (CIV/T 15; C of A (CIV)) [2002] LSCA 133 (11 October 2002)

Convictions cannot stand where the facts outlined by the prosecution do not disclose the commission of the offence, even after a guilty plea. Sentences for different offences must not be lumped together if the offences attract different punishments.

  • Housebreaking
  • Theft
  • Criminal procedure
  • Sentencing
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Criminal law [2000] LSCA 116

R v Macheli and Another (C R 336/2000; Review Order 1/2000)

R v Macheli and Another (C R 336/2000; Review Order 1/2000) [2000] LSCA 116 (13 November 2000)

The Court of Appeal held that section 3(2) of the Stock Theft Act 2000 did not create a criminal offence, so the exception was rightly upheld.

  • Stock theft
  • Statutory interpretation
  • Principle of legality
  • Criminal procedure
  • Criminal-law
  • Stock-theft
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Criminal law [2000] LSCA 132

Besetsa v R (CRI/A 32 of 96)

Besetsa v R (CRI/A 32 of 96) [2000] LSCA 132 (29 September 2000)

The High Court of Lesotho dismissed a theft appeal, holding that the appellant encashed a donation cheque and intended to permanently deprive the society of the funds.

  • Theft
  • Embezzlement
  • Misappropriation of funds
  • Criminal procedure
  • Criminal-appeals
  • Misappropriation-of-funds
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Criminal law [1996] LSHC 86

R v Mothobi (CRI/T 27 of 94)

R v Mothobi (CRI/T 27 of 94) [1996] LSHC 86 (4 September 1996)

The High Court of Lesotho found the accused mentally incapacitated and unfit to stand trial, ordering committal to prison pending the King's Pleasure.

  • Fitness to stand trial
  • Mental incapacity
  • Criminal procedure
  • Fitness-to-stand-trial
  • Mental-incapacity
  • Criminal-procedure
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Criminal law [1996] LSHC 44

R v Lenko and Others (CRI/A 52 of 91)

R v Lenko and Others (CRI/A 52 of 91) [1996] LSHC 44 (25 March 1996)

The High Court of Lesotho upheld a conviction for assault with intent to do grievous bodily harm, but reduced the sentences because of delay and mitigating circumstances.

  • Culpable homicide
  • Assault with intent to do grievous bodily harm
  • Criminal procedure
  • Sentencing
  • Criminal-law
  • Criminal-appeal
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Criminal law [1996] LSHC 30

R v Motseki (CRI/ 45 of 92)

R v Motseki (CRI/ 45 of 92) [1996] LSHC 30 (19 February 1996)

The accused scored 51 on a validated psychiatric rating scale for fitness to stand trial, well above the incapacity threshold of 31, and was found to suffer from a persistent delusional disorder rendering him incapable of understanding proceedings or making a proper defence. The court, applying sections 166 and 172, found the accused mentally incapacitated and ordered committal pending the King's pleasure.

  • Fitness to stand trial
  • Mental incapacity
  • Criminal procedure
  • Committal pending king's pleasure
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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.