R v Fuma and Another (CRI/A 3) [1980] LSHC 50 (8 August 1980)

R v Fuma and Another (CRI/A 3) [1980] LSHC 50 (8 August 1980)

The convictions and sentences were set aside because the charges as framed did not support the verdicts entered, the magistrate's findings were inconsistent with the charges, and the proceedings were fundamentally flawed, prejudicing the appellants.

Citation
[1980] LSHC 50
Parties
Appellant: Emanuel Fuma; Appellant: Pasho Rasephehi; Respondent: Rex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 August 1980
Case Number
CRI/A 3
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Attempted Murder, Robbery, Common Assault, Criminal Procedure, Amendment of Charges on Appeal
Source Language
English
Criminal Law Attempted Murder Robbery Common Assault Criminal Procedure Amendment of Charges on Appeal

Case Brief

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Parties

Emanuel Fuma

Appellant

Pasho Rasephehi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the convictions and sentences entered by the magistrate were proper given the evidence and charges as framed
  2. 2 Whether the appellate court can amend charges on appeal without prejudicing the appellants

Ratio Decidendi

The convictions and sentences were set aside because the charges as framed did not support the verdicts entered, the magistrate's findings were inconsistent with the charges, and the proceedings were fundamentally flawed, prejudicing the appellants.

Court Disposition

appeal allowed

Orders

  • convictions and sentences set aside for both appellants