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Lesotho Case Law

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Criminal law [2023] LSHC 129

Rex V Lillo Pitiri (CRI/T/0077/2022)

Rex V Lillo Pitiri (CRI/T/0077/2022) [2023] LSHC 129 (3 November 2023)

The High Court of Lesotho convicted a police officer of murder with dolus eventualis after circumstantial and ballistic evidence linked his service pistol to the shooting.

  • Murder
  • Circumstantial evidence
  • Dolus eventualis
  • Sentencing
  • Extenuating circumstances
  • Circumstantial-evidence
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Criminal law [2016] LSCA 21

Keketsi Ntholeng & Others v Rex (C of A (CRI) 4 of 2014)

Keketsi Ntholeng & Others v Rex (C of A (CRI) 4 of 2014) [2016] LSCA 21 (29 April 2016)

The Court of Appeal of Lesotho dismissed a murder appeal, upholding convictions based on common purpose and dolus eventualis and rejecting claims of sentencing irregularity.

  • Murder
  • Common purpose
  • Dolus eventualis
  • Circumstantial evidence
  • Sentencing
  • Mitigation
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Criminal law [2015] LSCA 11

Malia v Rex (C of A (CRI) 3 of 2013)

Malia v Rex (C of A (CRI) 3 of 2013) [2015] LSCA 11 (7 August 2015)

Lesotho Court of Appeal upheld the Crown’s cross-appeal, found the murder sentence too lenient, and increased it from 8 to 12 years.

  • Murder
  • Sentencing
  • Appeal
  • Dolus eventualis
  • Dolus directus
  • Mitigating factors
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Criminal law [2014] LSHC 17

R v Hlephe Mosola and Another (CRI/T 23 of 2002)

R v Hlephe Mosola and Another (CRI/T 23 of 2002) [2014] LSHC 17 (28 May 2014)

The accused unlawfully assaulted the deceased, causing injuries that led to death. He foresaw the possibility of death resulting from his actions (dolus eventualis). There was no lawful justification for the assaults, and the accused failed to hand the deceased to the police. The chain of causation was not broken by the involvement of others. Extenuating circumstances existed, altering the verdict to murder with extenuation.

  • Murder
  • Unlawful assault
  • Dolus eventualis
  • Extenuating circumstances
  • Sentencing
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Criminal law [2013] LSCA 33

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)

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.

  • Murder
  • Attempted murder
  • Dolus eventualis
  • Causation
  • Sentencing
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Criminal law [2009] LSHC 55

R v Khoaele Thinyane (CRI/T 150 of 2005)

R v Khoaele Thinyane (CRI/T 150 of 2005) [2009] LSHC 55 (16 January 2009)

The High Court of Lesotho convicted a police officer of murder after finding he unlawfully shot the deceased and that the killing was not justified.

  • Murder
  • Culpable homicide
  • Use of force by police
  • Intention in homicide
  • Dolus eventualis
  • Mitigation of sentence
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Criminal law [2007] LSCA 7

R v Monatsi and Others (C of A (CRI) 4 of 2005)

R v Monatsi and Others (C of A (CRI) 4 of 2005) [2007] LSCA 7 (4 April 2007)

Lesotho Court of Appeal reduced three murder sentences after finding misdirection in sentencing, unlawful back-dating, and failure to individualize punishment.

  • Sentencing
  • Murder
  • Dolus eventualis
  • Individualization of sentence
  • Misdirection in sentencing
  • Criminal-law
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Criminal law [1998] LSCA 111

R v Thakaphala (CRI/T 41 of 92)

R v Thakaphala (CRI/T 41 of 92) [1998] LSCA 111 (30 November 1998)

The court rejected self-defence, found the accused guilty of murder, and held that extenuating circumstances existed because of the surrounding family dispute.

  • Murder
  • Self-defence
  • Dolus eventualis
  • Extenuating circumstances
  • Criminal-law
  • Dolus-eventualis
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Criminal law [1997] LSHC 39

R v Puso (CRI/T 40 of 93)

R v Puso (CRI/T 40 of 93) [1997] LSHC 39 (9 April 1997)

The High Court of Lesotho convicted the accused of murder on circumstantial evidence, held the inference of guilt was the only reasonable one, and imposed five years’ imprisonment after finding extenuating circumstances.

  • Murder
  • Circumstantial evidence
  • Dolus eventualis
  • Extenuating circumstances
  • Circumstantial-evidence
  • Dolus-eventualis
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Criminal law [1996] LSHC 46

R v khemi (CRI/T 80 of 91)

R v khemi (CRI/T 80 of 91) [1996] LSHC 46 (29 March 1996)

The High Court of Lesotho convicted Tefo Khemi of murder, relying on forensic blood evidence, false explanation, and prior conduct toward the deceased.

  • Murder
  • Evidence
  • Forensic science
  • Dolus eventualis
  • Extenuating circumstances
  • Forensic-evidence
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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.