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Lesotho Case Law

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Criminal law [2017] LSHC 36

R v Thai (CRI/T 34 of 5)

R v Thai (CRI/T 34 of 5) [2017] LSHC 36 (12 December 2017)

High Court of Lesotho convicted the accused of murder and attempted murder after accepting eyewitness identification, circumstantial evidence, and rejecting the alibi.

  • Murder
  • Attempted murder
  • Identification
  • Alibi
  • Circumstantial evidence
  • Sentencing
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Criminal law [2013] LSCA 11

Nkhesoa Pelea and Another v Rex (C of A (CRI) 1 of 10)

Nkhesoa Pelea and Another v Rex (C of A (CRI) 1 of 10) [2013] LSCA 11 (19 April 2013)

The Court of Appeal of Lesotho set aside rape convictions, holding the circumstantial evidence and identification of the appellants were unsafe.

  • Circumstantial evidence
  • Identification
  • Sexual offences
  • Standard of proof
  • Circumstantial-evidence
  • Criminal-appeals
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Criminal law [2004] LSCA 8

R v Mabilikoe (C of A (CRI) 8 of 2003)

R v Mabilikoe (C of A (CRI) 8 of 2003) [2004] LSCA 8 (20 October 2004)

Criminal appeal on dying declarations and alibi. The Court held the deceased’s statements were admissible, identification was reliable, and the conviction stood.

  • Dying declaration
  • Admissibility of evidence
  • Identification
  • Alibi
  • Murder
  • Dying-declarations
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Criminal law [2001] LSCA 45

R v Mosili & Others (CRI/T 81 of 2000)

R v Mosili & Others (CRI/T 81 of 2000) [2001] LSCA 45 (23 August 2001)

The court convicted three accused of murder and robbery, convicted a fourth of receiving stolen property, and acquitted two others after assessing witness and identification evidence.

  • Murder
  • Robbery
  • Receiving stolen property
  • Kidnapping
  • Evidence
  • Identification
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Criminal law [1995] LSCA 171

Nkhasi and Another v R (CRI/A 20 of 95)

Nkhasi and Another v R (CRI/A 20 of 95) [1995] LSCA 171 (2 November 1995)

The High Court dismissed a Crown appeal in a theft case, finding no positive identification of the appellants and no admissible proof that the money was voluntarily produced.

  • Theft
  • Evidence
  • Identification
  • Admissibility of confessions
  • Criminal-law
  • Identification-evidence
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Criminal law [1994] LSCA 151

R v Kubutu (CRT/T 51 of 91)

R v Kubutu (CRT/T 51 of 91) [1994] LSCA 151 (30 September 1994)

The court discharged the accused murder defendant after finding the prosecution had not proved beyond reasonable doubt that he fired the fatal shot.

  • Murder
  • Police misconduct
  • Evidence
  • Identification
  • Investigation procedures
  • Criminal-evidence
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Criminal law [1989] LSCA 25

R v Ramatla (CRI/T 37 of 86)

R v Ramatla (CRI/T 37 of 86) [1989] LSCA 25 (9 March 1989)

The court convicted Molahlehi Ramatla of murder on eyewitness and circumstantial evidence, then found extenuating circumstances and imposed 15 years’ imprisonment.

  • Murder
  • Circumstantial evidence
  • Identification
  • Onus of proof
  • Extenuating circumstances
  • Sentencing
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Criminal law [1986] LSCA 15

R v Mokhobeng (CRI/T 47 of 83)

R v Mokhobeng (CRI/T 47 of 83) [1986] LSCA 15 (10 March 1986)

The High Court of Lesotho discharged an accused charged with rape after finding the prosecution evidence unreliable and insufficient to make a prima facie case.

  • Rape
  • Evidence
  • Identification
  • Discharge at close of prosecution case
  • Criminal-law
  • Prima-facie-case
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Criminal law [1984] LSCA 136

R v Nkhabu and Others (CRI/A 91)

R v Nkhabu and Others (CRI/A 91) [1984] LSCA 136 (30 November 1984)

The evidence established beyond reasonable doubt that the appellants committed kidnapping and malicious injury to property, but not attempted murder or housebreaking with intent to commit robbery. Identification of the appellants was reliable and corroborated.

  • Attempted murder
  • Kidnapping
  • Housebreaking
  • Malicious injury to property
  • Robbery
  • Identification
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Criminal law [1980] LSHC 58

R v Moshephi (CRI/T 37 of 79)

R v Moshephi (CRI/T 37 of 79) [1980] LSHC 58 (31 October 1980)

High Court of Lesotho murder conviction based on eyewitness evidence, pointed-out remains, and recovered property; death sentences imposed on three accused.

  • Murder
  • Evidence
  • Identification
  • Sentencing
  • Extenuating circumstances
  • Eyewitness-testimony
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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.