Piti and Another v P (CRI/A 36 of 91) [1994] LSCA 59 (17 March 1994)

Piti and Another v P (CRI/A 36 of 91) [1994] LSCA 59 (17 March 1994)

The identification of the appellants was unreliable as it was made in the dark by a single witness who did not know the accused, and there was no corroboration; thus, the conviction was unsafe.

Citation
[1994] LSCA 59
Parties
1st Appellant: Molupi Piti; 2nd Appellant: Mofereferere Piti; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
17 March 1994
Case Number
CRI/A 36 of 91
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Conviction set aside
Legal Topics
Rape, Identification Evidence, Cautionary Rule, Single Witness Testimony, Corroboration
Source Language
English
Criminal Law Rape Identification Evidence Cautionary Rule Single Witness Testimony Corroboration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Molupi Piti

1st Appellant

Mofereferere Piti

2nd Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the identification of the appellants in the dark was reliable
  2. 2 Whether the conviction based on a single witness without corroboration was safe

Ratio Decidendi

The identification of the appellants was unreliable as it was made in the dark by a single witness who did not know the accused, and there was no corroboration; thus, the conviction was unsafe.

Court Disposition

Conviction set aside

Orders

  • Conviction quashed
  • Appellants acquitted