Lesotho Case Law

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 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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R v Kulehile (CRI/T 40 of 7)

R v Kulehile (CRI/T 40 of 7) [2018] LSHC 33 (7 May 2018)

Court

High Court

Case number

CRI/T 40 of 7

The accused was found to have been in possession of the firearm used to shoot the deceased, failed to provide an explanation for this, and the circumstantial evidence established beyond reasonable doubt that he was the shooter. His conduct was reckless as to whether death would result, satisfying the intent for murder. He also failed to produce a firearm certificate, proving unlawful possession.

Source excerpt

• Murder
• Unlawful possession of firearm
• Circumstantial evidence
• Right to silence

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R v Temo and Others (CRI/T 93 of 2012)

R v Temo and Others (CRI/T 93 of 2012) [2014] LSHC 9 (4 March 2014)

Court

High Court

Case number

CRI/T 93 of 2012

High Court of Lesotho murder and firearms case relying on circumstantial and ballistic evidence, with one accused convicted of murder and another as accessory.

• Murder
• Unlawful possession of firearm
• Accessory before and after the fact
• Alibi
• Ballistics evidence
• Extenuating circumstances

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R v Tello Mabusela and Others (CRI/T 119 of 2010)

R v Tello Mabusela and Others (CRI/T 119 of 2010) [2013] LSHC 41 (14 June 2013)

Court

High Court

Case number

CRI/T 119 of 2010

High Court murder, robbery, and attempted murder case involving accomplice evidence, forensic firearm linkage, and extenuation findings.

• Murder
• Robbery
• Attempted murder
• Unlawful possession of firearm
• Accomplice evidence
• Extenuating circumstances

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Mokete Mokhobo v Rex (C of A (CRI) 3 of 2012)

Mokete Mokhobo v Rex (C of A (CRI) 3 of 2012) [2013] LSCA 12 (19 April 2013)

Court

Court of Appeal

Case number

C of A (CRI) 3 of 2012

The Court of Appeal altered a murder conviction to culpable homicide after finding the trial court failed to address extenuating circumstances and misapplied the evidence.

• Murder
• Culpable homicide
• Unlawful possession of firearm
• Extenuating circumstances
• Criminal negligence
• Criminal-law

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R v Raphoka (CRI/T 53 of 2008)

R v Raphoka (CRI/T 53 of 2008) [2012] LSHC 74 (9 November 2012)

Court

High Court

Case number

CRI/T 53 of 2008

The accused intentionally and unlawfully killed the deceased by shooting her with a firearm for which he had no license. The evidence established that the accused's actions were not justified by self-defence or necessity. However, extenuating circumstances existed due to the accused's emotional distress and lack of premeditation, reducing his moral blameworthiness but not his legal culpability.

Source excerpt

• Murder
• Unlawful possession of firearm
• Extenuating circumstances
• Sentencing

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R v Lefu (C of A (CRI) 6 of 2011)

R v Lefu (C of A (CRI) 6 of 2011) [2012] LSCA 19 (27 April 2012)

Court

Court of Appeal

Case number

C of A (CRI) 6 of 2011

Court of Appeal reduced an effective 36-year sentence for double murder to 20 years, holding the original term was grossly disproportionate.

• Sentencing
• Double murder
• Unlawful possession of firearm
• Proportionality of sentence
• Constitutional protection from inhuman punishment
• Double-murder

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Rex v Kopano and Another (C of A (CRI) 1 of 2011)

Rex v Kopano and Another (C of A (CRI) 1 of 2011) [2011] LSCA 19 (20 April 2011)

Court

Court of Appeal

Case number

C of A (CRI) 1 of 2011

The conviction of the first appellant was upheld as the circumstantial evidence was strong and excluded all reasonable inferences except guilt; the irregularity regarding the admissibility of evidence did not result in a failure of justice. The second appellant's conviction was quashed due to insufficient evidence. Extenuating circumstances were found for the first appellant, warranting substitution of the death sentence with a 25-year imprisonment term.

Source excerpt

• Murder
• Unlawful possession of firearm
• Admissibility of evidence
• Extenuating circumstances
• Judicial conduct

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Maseretse v Director of Public Prosecutions (CRI/APN 876 of 2002)

Maseretse v Director of Public Prosecutions (CRI/APN 876 of 2002) [2002] LSCA 115 (8 November 2002)

Court

Court of Appeal

Case number

CRI/APN 876 of 2002

Bail was refused in a murder case because the court found the applicant posed a flight risk and a risk of interfering with witnesses.

• Bail
• Murder
• Unlawful possession of firearm
• Risk of absconding
• Interference with witnesses
• Flight-risk

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