Griffiths v R (CRI/A 16 of 94) [1995] LSCA 51 (7 March 1995)

Griffiths v R (CRI/A 16 of 94) [1995] LSCA 51 (7 March 1995)

The conviction for rape was confirmed as the evidence established lack of consent and use of force, but the sentence was set aside and reimposed at two years' imprisonment due to the magistrate's failure to give reasons for sentence.

Citation
[1995] LSCA 51
Parties
Appellant: Mpho Griffiths; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
7 March 1995
Case Number
CRI/A 16 of 94
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Conviction confirmed; sentence set aside and reimposed at two years' imprisonment.
Legal Topics
Rape, Sentencing, Appeals
Source Language
English
Criminal Law Rape Sentencing Appeals

Case Brief

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Parties

Mpho Griffiths

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for rape was proper despite omission of the words 'without consent'
  2. 2 Whether the sentence imposed by the magistrate was proper given lack of reasons

Ratio Decidendi

The conviction for rape was confirmed as the evidence established lack of consent and use of force, but the sentence was set aside and reimposed at two years' imprisonment due to the magistrate's failure to give reasons for sentence.

Court Disposition

Conviction confirmed; sentence set aside and reimposed at two years' imprisonment.

Orders

  • Conviction for rape confirmed
  • Original sentence set aside