Incomplete Judgement ((NA) No.) [1991] LSCA 148 (29 November 1991)

Incomplete Judgement ((NA) No.) [1991] LSCA 148 (29 November 1991)

The conviction for housebreaking was unsafe due to unreliable identification evidence, but the appellant's possession of recently stolen property supported a conviction for receiving stolen goods knowing them to be stolen.

Citation
[1991] LSCA 148
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 November 1991
Case Number
(NA) No.
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Identification Evidence, Receiving Stolen Property, Housebreaking, Appeal Against Conviction, Appeal Against Sentence
Source Language
English
Criminal Law Identification Evidence Receiving Stolen Property Housebreaking Appeal Against Conviction Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the identification of the appellant was reliable and sufficient for conviction
  2. 2 Whether the appellant's possession of stolen property supported the original conviction
  3. 3 Whether the trial magistrate properly directed herself on the law and facts

Ratio Decidendi

The conviction for housebreaking was unsafe due to unreliable identification evidence, but the appellant's possession of recently stolen property supported a conviction for receiving stolen goods knowing them to be stolen.

Court Disposition

appeal allowed in part

Orders

  • Conviction for housebreaking set aside
  • Conviction for receiving stolen goods substituted