R v Tjamangile (CRI/A 75 of 79) [1980] LSHC 15 (18 February 1980)

The destruction order was inappropriate and executed prematurely, violating the appellant's right of appeal; the sentence imposed was excessive and is substituted with a lesser sentence.

Citation: [1980] LSHC 15
Parties: Appellant: Moeletsi Tjamangile; Respondent: Rex
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 18 February 1980
Case Number: CRI/A 75 of 79
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed in part
Legal Topics: Importation of Livestock, Forfeiture of Property, Sentencing, Right of Appeal
Source Language: English

Criminal Law Administrative Law Importation of Livestock Forfeiture of Property Sentencing Right of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Moeletsi Tjamangile

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the destruction and forfeiture order of the donkeys was appropriate and lawful
2 Whether the appellant's right of appeal was violated by the immediate destruction of the donkeys
3 Whether the sentence imposed was excessive or improper

Ratio Decidendi

The destruction order was inappropriate and executed prematurely, violating the appellant's right of appeal; the sentence imposed was excessive and is substituted with a lesser sentence.

Court Disposition

appeal allowed in part

Orders

Sentence of M100 or 5 months imprisonment set aside and substituted with one day imprisonment deemed served.
If fines have been paid, M100 to be returned to the appellant.