Besetsa v R (CRI/A 32 of 96) [2000] LSCA 132 (29 September 2000)

Besetsa v R (CRI/A 32 of 96) [2000] LSCA 132 (29 September 2000)

The appellant received a cheque as a donation to the society, encashed it, and used the money for his own purposes without the society's permission. The evidence established that he intended to permanently deprive the society of its money, satisfying the elements of theft. The trial court's findings were upheld and the appeal was dismissed.

Citation
[2000] LSCA 132
Parties
Appellant: Nathnael Besetsa; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 September 2000
Case Number
CRI/A 32 of 96
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Theft, Embezzlement, Misappropriation of Funds, Criminal Procedure
Source Language
English
Criminal Law Theft Embezzlement Misappropriation of Funds Criminal Procedure

Case Brief

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Parties

Nathnael Besetsa

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant unlawfully and intentionally misappropriated funds belonging to Mokhatlo oa Lithuso ho bakhachane society
  2. 2 Whether the conviction for theft was supported by the evidence

Ratio Decidendi

The appellant received a cheque as a donation to the society, encashed it, and used the money for his own purposes without the society's permission. The evidence established that he intended to permanently deprive the society of its money, satisfying the elements of theft. The trial court's findings were upheld and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Conviction for theft upheld
  • Sentence of fine or imprisonment in default confirmed