Heisi v R (CRI/A 18 of 2002) [2002] LSCA 120 (29 October 2002)

Heisi v R (CRI/A 18 of 2002) [2002] LSCA 120 (29 October 2002)

The appellant was properly convicted as he was in possession of a firearm and ammunition without a certificate, but the sentence of two years imprisonment without the option of a fine was excessive and not justified by the facts or statutory intent; a fine is appropriate in the circumstances.

Source-derived case information.

Citation
[2002] LSCA 120
Parties
Appellant: Moeketsi Heisi; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 October 2002
Case Number
CRI/A 18 of 2002
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Possession of Firearm Without Certificate, Sentencing, Appeal Procedure
Source Language
english
Criminal Law Possession of Firearm Without Certificate Sentencing Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Moeketsi Heisi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly convicted for possession of firearm and ammunition without a certificate
  2. 2 Whether the sentence imposed was appropriate

Ratio Decidendi

The appellant was properly convicted as he was in possession of a firearm and ammunition without a certificate, but the sentence of two years imprisonment without the option of a fine was excessive and not justified by the facts or statutory intent; a fine is appropriate in the circumstances.

Court Disposition

appeal allowed in part

Orders

  • Conviction upheld
  • Sentence of two years imprisonment without option of fine set aside