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R v Lerotholi and Others (CRI/T/29/83)

Case No: 
CRI/T/29/83
Media Neutral Citation: 
[1984] LSCA 2
Judgment Date: 
1 January, 1984

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CRI/T/29/83

IN THE HIGH COURT OF LESOTHO


HELD IN MASERU.


In the matter between:


REX

and.

NTSANE LEROTHOLI

TSEPO LEROTHOLI

MANTOLO MOTSOANAKABA LEROTHOLI

MOLAPI MOTSANYANE.

QUESTION OF LAW RESERVED IN TERMS OF SECTION 15(1) OF THE COURT OF APPEAL NO. 10 OF 1978.


JUDGE'S CERTIFICATE.


  1. Whether this Court was correct in treating the Criminal liability of an accessory after the fact separately from that of the alleged principal offenders where they are charged jointly in an indictment;

or,

  1. Whether the acquittal of the principal offenders on the grounds of insufficient and unreliable evidence a fortiori necessitated the acquittal of the accessory after the fact where he is not separately charged but there is sufficient, reliable and uncontradicted evidence to support his conviction as an accessory after the fact in terms of section 182(2) of the Criminal Procedure and Evidence Act No.7 of 1981 which states:


2


"Any person charged with an offence may be found guilty as an accessory after the fact in respect of that offence if such be the facts proved, and shall, in the absence of any penalty expressly provided by law, be liable to punishment to which the principal offender would under any law be subject.


S. PEETE. ACTING JUDGE.