R v Fanana (CRI/A 7 of 1980) [1980] LSHC 41 (24 June 1980)

R v Fanana (CRI/A 7 of 1980) [1980] LSHC 41 (24 June 1980)

The magistrate was entitled to believe the complainant and her relatives; their relationship did not render their evidence inherently unreliable. The appellant's evasiveness supported the credibility of the complainant. There was no misdirection on the standard of proof, and the conviction was justified on the evidence.

Citation
[1980] LSHC 41
Parties
Appellant: Phetla Fanana; Respondent: Rex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
24 June 1980
Case Number
CRI/A 7 of 1980
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction upheld
Legal Topics
Maintenance of Children, Deserted Wives and Children, Standard of Proof, Credibility of Witnesses
Source Language
English
Criminal Law Family Law Maintenance of Children Deserted Wives and Children Standard of Proof Credibility of Witnesses

Case Brief

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Parties

Phetla Fanana

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for maintenance under the Deserted Wives and Children Proclamation was justified on the evidence
  2. 2 Whether the magistrate erred in relying on the testimony of close relatives as corroboration
  3. 3 Whether the standard of proof was properly applied

Ratio Decidendi

The magistrate was entitled to believe the complainant and her relatives; their relationship did not render their evidence inherently unreliable. The appellant's evasiveness supported the credibility of the complainant. There was no misdirection on the standard of proof, and the conviction was justified on the evidence.

Court Disposition

appeal dismissed; conviction upheld