R v Nteso and Another (CRI/A 57 of 83) [1984] LSCA 145 (20 December 1984)

R v Nteso and Another (CRI/A 57 of 83) [1984] LSCA 145 (20 December 1984)

The conviction of accused 1 was upheld as the evidence against him was overwhelming and credible. The conviction of accused 2 was quashed because the only identifying witness was unreliable and the trial court failed to approach his evidence with necessary caution. The sentence for accused 1 was not excessive and was upheld.

Citation
[1984] LSCA 145
Parties
Appellant: Albert Ntseso; Appellant: Sello Mofokeng; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
20 December 1984
Case Number
CRI/A 57 of 83
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal of accused 1 dismissed; appeal of accused 2 allowed
Legal Topics
Robbery, Identification Evidence, Appeals, Sentencing
Source Language
English
Criminal Law Robbery Identification Evidence Appeals Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Albert Ntseso

Appellant

Sello Mofokeng

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the conviction of accused 1 (Albert Ntseso) was supported by credible evidence
  2. 2 Whether the conviction of accused 2 (Sello Mofokeng) was safe given the nature of the identification evidence
  3. 3 Whether the sentence imposed on accused 1 was appropriate

Ratio Decidendi

The conviction of accused 1 was upheld as the evidence against him was overwhelming and credible. The conviction of accused 2 was quashed because the only identifying witness was unreliable and the trial court failed to approach his evidence with necessary caution. The sentence for accused 1 was not excessive and was upheld.

Court Disposition

Appeal of accused 1 dismissed; appeal of accused 2 allowed

Orders

  • Conviction and sentence of accused 1 (Albert Ntseso) upheld
  • Conviction of accused 2 (Sello Mofokeng) quashed and appeal allowed