Lesotho Case Law

Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024)

Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024) [2025] LSCA 43 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 04/2024

The grounds of appeal did not challenge the trial court's core findings, and the evidence established the appellant's guilt beyond reasonable doubt. The sentence of 13 years was manifestly lenient given the gravity of the offence, and the appellate court was empowered to enhance the sentence proprio motu after inviting submissions from both parties.

Source excerpt

• Murder
• Extenuating circumstances
• Sentencing
• Appeal procedure
• Restorative justice

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Rex v Tumelo Phahlang (CRI/T/0119/2024)

Rex v Tumelo Phahlang (CRI/T/0119/2024) [2025] LSHC 81 (27 March 2025)

Court

High Court

Case number

CRI/T/0119/2024

The High Court of Lesotho convicted Tumelo Phahlang of murder after rejecting self-defence and found extenuating circumstances before imposing 20 years’ imprisonment.

• Murder
• Self-defence
• Sentencing
• Extenuating circumstances
• Extenuating-circumstances

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Rex V Ngoae Kotelo (CRI/T/0108/2024)

Rex V Ngoae Kotelo (CRI/T/0108/2024) [2025] LSHC 70 (21 March 2025)

Court

High Court

Case number

CRI/T/0108/2024

The evidence proved beyond reasonable doubt that the accused intentionally and unlawfully killed both victims. The accused's actions were premeditated, targeted defenceless women, and showed no immediate remorse. Extenuating circumstances existed but did not outweigh the gravity of the offences. The accused was found guilty on both counts of murder and sentenced to forty years imprisonment on each count, to run concurrently.

Source excerpt

• Murder
• Sentencing
• Gender-based violence
• Extenuating circumstances

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

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

Court

High Court

Case number

CRI/T/0077/2022

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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Rex V Moji (CRI/T/125/2012)

Rex V Moji (CRI/T/125/2012) [2023] LSHC 101 (19 May 2023)

Court

High Court

Case number

CRI/T/125/2012

The High Court of Lesotho admitted the accused’s confession, found corroborating evidence aliunde, and convicted him of murder and robbery.

• Murder
• Robbery
• Confession
• Admissibility of evidence
• Extenuating circumstances
• Sentencing

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Rex V Natsoane (CRI/T/0015/2021)

Rex V Natsoane (CRI/T/0015/2021) [2023] LSHC 69 (19 April 2023)

Court

High Court

Case number

CRI/T/0015/2021

The High Court of Lesotho convicted the accused of murder on circumstantial evidence, rejecting the claim that the deceased’s injuries came from a fall.

• Murder
• Circumstantial evidence
• Sentencing
• Extenuating circumstances
• Criminal-law
• Circumstantial-evidence

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Rex v Maqekoane (CRI/T/0008/2020)

Rex v Maqekoane (CRI/T/0008/2020) [2022] LSHC 19 (8 April 2022)

Court

High Court

Case number

CRI/T/0008/2020

Circumstantial and ballistic evidence proved beyond reasonable doubt that both accused were present and participated in the attempted robbery and murder at Ha Tsolo. The bullet extracted from A1 matched the shop owner's firearm, and the .45 firearm found with A2 matched shells at the scene. The accused's alibi and denials were found to be false and not reasonably possibly true. The doctrine of common purpose applied, imputing liability for murder and attempted robbery to both accused. Extenuating circumstances existed due to youth and absence of direct intent, justifying a sentence less than…

Source excerpt

• Murder
• Attempted robbery
• Unlawful possession of firearm
• Doctrine of common purpose
• Circumstantial evidence
• Alibi defence

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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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Rex v Masilo (CRI/T/76/2011)

Rex v Masilo (CRI/T/76/2011) [2022] LSHC 91 (7 March 2022)

Court

High Court

Case number

CRI/T/76/2011

The High Court of Lesotho convicted Tefo Molefi Masilo of murder, malicious damage to property, and unlawful possession of a firearm, finding extenuating circumstances.

• Murder
• Malicious damage to property
• Unlawful possession of firearm
• Circumstantial evidence
• Extenuating circumstances
• Sentencing

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Rex v Ralee (CRI/T/0050/2015)

Rex v Ralee (CRI/T/0050/2015) [2022] LSHC 7 (17 February 2022)

Court

High Court

Case number

CRI/T/0050/2015

The accused failed to prove on the balance of probabilities that he was insane at the time of the murders. The State provided sufficient expert evidence and facilities for the accused's defence. The accused was found guilty of two counts of murder. Extenuating circumstances were found due to emotional turbulence, resulting in life imprisonment sentences rather than the death penalty.

Source excerpt

• Murder
• Insanity defence
• Trial fairness
• Sentencing
• Extenuating circumstances

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