Mohale v R (C of A (CRI) 11 of 2008) [2009] LSCA 13 (23 October 2009)

Mohale v R (C of A (CRI) 11 of 2008) [2009] LSCA 13 (23 October 2009)

The trial court misdirected itself in rejecting the appellant's alibi on unsustainable grounds, and the evidence of the single witness was insufficient to prove guilt beyond reasonable doubt; thus, the conviction could not stand.

Citation
[2009] LSCA 13
Parties
Appellant: Molahlehi Mohale; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
23 October 2009
Case Number
C of A (CRI) 11 of 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction and sentence set aside
Legal Topics
Murder, Conviction, Alibi, Single Witness Evidence, Withdrawal of Admission, Standard of Proof
Source Language
English
Criminal Law Murder Conviction Alibi Single Witness Evidence Withdrawal of Admission Standard of Proof

Case Brief

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Parties

Molahlehi Mohale

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly convicted of murder based on the evidence of a single witness
  2. 2 Whether the trial court erred in rejecting the appellant's alibi defence
  3. 3 Whether the withdrawal of the admission of a deposition was properly allowed

Ratio Decidendi

The trial court misdirected itself in rejecting the appellant's alibi on unsustainable grounds, and the evidence of the single witness was insufficient to prove guilt beyond reasonable doubt; thus, the conviction could not stand.

Court Disposition

appeal allowed; conviction and sentence set aside

Orders

  • The appellant's conviction and sentence are set aside.