R v Ratsiu (CRI/A 11 of 83) [1983] LSCA 59 (21 June 1983)

R v Ratsiu (CRI/A 11 of 83) [1983] LSCA 59 (21 June 1983)

The appellant's version that a tyre burst caused the accident was not contradicted by the Crown's evidence, and there was no prima facie case of recklessness or negligence established against him.

Source-derived case information.

Citation
[1983] LSCA 59
Parties
Appellant: Julius Ratsiu; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
21 June 1983
Case Number
CRI/A 11 of 83
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Reckless Driving, Negligence, Burden of Proof
Source Language
english
Criminal Law Road Traffic Law Reckless Driving Negligence Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Julius Ratsiu

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant drove recklessly or negligently in contravention of section 124(1) of the Road Traffic and Transport Order of 1970

Ratio Decidendi

The appellant's version that a tyre burst caused the accident was not contradicted by the Crown's evidence, and there was no prima facie case of recklessness or negligence established against him.

Court Disposition

appeal upheld

Orders

  • The appellant is to be refunded his deposit.