Koro v R (CRI/A 40 of 89) [1989] LSCA 123 (20 October 1989)

Koro v R (CRI/A 40 of 89) [1989] LSCA 123 (20 October 1989)

The failure to allow the appellant to cross-examine a key prosecution witness whose evidence directly implicated him constituted a fundamental irregularity that vitiated the entire proceedings, necessitating the setting aside of the conviction and sentence.

Citation
[1989] LSCA 123
Parties
Appellant: Mpho Koro; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
20 October 1989
Case Number
CRI/A 40 of 89
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal upheld
Legal Topics
Right to Cross Examination, Procedural Irregularity, Appeal Against Conviction
Source Language
English
Criminal Law Criminal Procedure Right to Cross Examination Procedural Irregularity Appeal Against Conviction

Case Brief

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Parties

Mpho Koro

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to allow the appellant to cross-examine a key prosecution witness invalidated the trial and conviction.

Ratio Decidendi

The failure to allow the appellant to cross-examine a key prosecution witness whose evidence directly implicated him constituted a fundamental irregularity that vitiated the entire proceedings, necessitating the setting aside of the conviction and sentence.

Court Disposition

appeal upheld

Orders

  • conviction and sentence set aside