R v Ramono and Another (CRI/A/50-51/86) [1986] LSCA 120 (28 August 1986)

R v Ramono and Another (CRI/A/50-51/86) [1986] LSCA 120 (28 August 1986)

The appellants' conduct amounted to unauthorised borrowing, not theft, as there was no intent to permanently deprive the owner of his property. The evidence showed intent to return the vehicle once salary claims were satisfied, and the vehicle was recovered intact.

Citation
[1986] LSCA 120
Parties
1st Appellant: Mpho Ramono; 2nd Appellant: Abraham Raphuthing; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
28 August 1986
Case Number
CRI/A/50-51/86
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; convictions and sentences set aside.
Legal Topics
Theft, Unauthorised Borrowing, Furtum Usus, Intent to Permanently Deprive
Source Language
English
Criminal Law Theft Unauthorised Borrowing Furtum Usus Intent to Permanently Deprive

Case Brief

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Parties

Mpho Ramono

1st Appellant

Abraham Raphuthing

2nd Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants' conduct constituted theft under common law or unauthorised borrowing
  2. 2 Whether intent to permanently deprive the owner was present

Ratio Decidendi

The appellants' conduct amounted to unauthorised borrowing, not theft, as there was no intent to permanently deprive the owner of his property. The evidence showed intent to return the vehicle once salary claims were satisfied, and the vehicle was recovered intact.

Court Disposition

Appeal allowed; convictions and sentences set aside.

Orders

  • Convictions and sentences of twelve months' imprisonment for both appellants are quashed.