R v Nkone and Another (CRI/A/44-45/86) [1986] LSCA 113 (17 August 1986)

The appellants were properly convicted as the evidence established their identity and participation in the robbery beyond reasonable doubt; their defence was a sham and the identification was reliable. The sentence was appropriate given the use of a firearm and the wounding of a victim.

Citation: [1986] LSCA 113
Parties: Appellant: Motlepu Nkone; Appellant: Mokone Ntili; Respondent: Rex
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 17 August 1986
Case Number: CRI/A/44-45/86
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Robbery, Identification Parade, Burden of Proof, Use of Firearms in Crime, Appeal Against Conviction and Sentence
Source Language: English

Criminal Law Robbery Identification Parade Burden of Proof Use of Firearms in Crime Appeal Against Conviction and Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Motlepu Nkone

Appellant

Mokone Ntili

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the Crown proved the offence of robbery beyond reasonable doubt
2 Whether the identification parade was properly conducted
3 Whether the trial court erred in rejecting the appellants' version

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Conviction and sentence upheld
Registrar to inform appellants of the result