R v Maphatsoe and Another (CRI/A 28 of 80) [1980] LSHC 53 (29 September 1980)

R v Maphatsoe and Another (CRI/A 28 of 80) [1980] LSHC 53 (29 September 1980)

The conviction was quashed because the only evidence implicating the appellants was an inadmissible confession to a police officer, and the prosecution failed to prove the element of 'breaking' or that the appellants knew the property was stolen.

Citation
[1980] LSHC 53
Parties
Appellant: Petrose Lehlohonolo Maphatsoe; Appellant: Joseph Mosolo Maphatsoe; Respondent: Rex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 September 1980
Case Number
CRI/A 28 of 80
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; convictions and sentences set aside
Legal Topics
Housebreaking, Theft, Receiving Stolen Property, Admissibility of Confessions, Evidence
Source Language
English
Criminal Law Housebreaking Theft Receiving Stolen Property Admissibility of Confessions Evidence

Case Brief

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Parties

Petrose Lehlohonolo Maphatsoe

Appellant

Joseph Mosolo Maphatsoe

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for receiving stolen property was supported by admissible evidence
  2. 2 Whether the confessions made to police officers were admissible under section 223 of Proclamation 59 of 1938
  3. 3 Whether the prosecution proved the element of 'breaking' in housebreaking

Ratio Decidendi

The conviction was quashed because the only evidence implicating the appellants was an inadmissible confession to a police officer, and the prosecution failed to prove the element of 'breaking' or that the appellants knew the property was stolen.

Court Disposition

appeal allowed; convictions and sentences set aside

Orders

  • Refund of appeal deposit to appellants
  • Refund of cash bail money to appellants