Ramorobi v R (CRI/A 1 of 90) [1990] LSCA 67 (30 March 1990)

Ramorobi v R (CRI/A 1 of 90) [1990] LSCA 67 (30 March 1990)

Failure to read and explain the charge to the appellant and to record his admission of facts, as well as failure to provide written reasons for judgment, constituted serious procedural irregularities resulting in a miscarriage of justice.

Source-derived case information.

Citation
[1990] LSCA 67
Parties
Appellant: Mabula Ramorobi; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
30 March 1990
Case Number
CRI/A 1 of 90
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Assault With Intent to Do Grievous Bodily Harm, Plea Procedure, Irregularity in Criminal Proceedings
Source Language
english
Criminal Law Criminal Procedure Assault With Intent to Do Grievous Bodily Harm Plea Procedure Irregularity in Criminal Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mabula Ramorobi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the charge was read and explained to the appellant as required by law
  2. 2 Whether the appellant admitted the facts outlined by the prosecutor
  3. 3 Whether the trial magistrate complied with procedural requirements in recording plea and reasons for judgment

Ratio Decidendi

Failure to read and explain the charge to the appellant and to record his admission of facts, as well as failure to provide written reasons for judgment, constituted serious procedural irregularities resulting in a miscarriage of justice.

Court Disposition

appeal allowed

Orders

  • Proceedings set aside and trial to start de novo before a different magistrate
  • Appeal deposit to be refunded to the appellant