R v Mathafeng (CRI/A 39 of 97) [1998] LSCA 60 (17 June 1998)

The charge was fatally defective as it did not allege disposal of a dead body, and the facts disclosed culpable homicide, not concealment of birth; conviction could not stand.

Citation: [1998] LSCA 60
Parties: Appellant: Mampe Mathafeng; Respondent: Rex
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 17 June 1998
Case Number: CRI/A 39 of 97
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Concealment of Birth, Culpable Homicide, Defective Charge Sheet, Statutory Interpretation
Source Language: English

Criminal Law Concealment of Birth Culpable Homicide Defective Charge Sheet Statutory Interpretation

Case Brief

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Parties

Mampe Mathafeng

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the charge as drafted disclosed an offence under Section 2(1) of the Concealment of Birth Proclamation No.3 of 1949
2 Whether the facts outlined supported the charge of concealment of birth or culpable homicide

Ratio Decidendi

The charge was fatally defective as it did not allege disposal of a dead body, and the facts disclosed culpable homicide, not concealment of birth; conviction could not stand.

Court Disposition

appeal allowed

Orders

conviction set aside