R v Nkhabu and Others (CRI/A 91) [1984] LSCA 136 (30 November 1984)

R v Nkhabu and Others (CRI/A 91) [1984] LSCA 136 (30 November 1984)

The evidence established beyond reasonable doubt that the appellants committed kidnapping and malicious injury to property, but not attempted murder or housebreaking with intent to commit robbery. Identification of the appellants was reliable and corroborated.

Citation
[1984] LSCA 136
Parties
1st Appellant: Gerard Nkhabu; 2nd Appellant: Nthofeela Ntsamai; 3rd Appellant: Paul Lebula; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
30 November 1984
Case Number
CRI/A 91
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeals dismissed; convictions upheld with modification on Count III.
Legal Topics
Attempted Murder, Kidnapping, Housebreaking, Malicious Injury to Property, Robbery, Identification, Evidence
Source Language
English
Criminal Law Attempted Murder Kidnapping Housebreaking Malicious Injury to Property Robbery Identification Evidence

Case Brief

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Parties

Gerard Nkhabu

1st Appellant

Nthofeela Ntsamai

2nd Appellant

Paul Lebula

3rd Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants were guilty of attempted murder, kidnapping, and housebreaking with intent to commit robbery
  2. 2 Whether the convictions were against the weight of evidence
  3. 3 Whether the evidence established the elements of the offences charged

Ratio Decidendi

The evidence established beyond reasonable doubt that the appellants committed kidnapping and malicious injury to property, but not attempted murder or housebreaking with intent to commit robbery. Identification of the appellants was reliable and corroborated.

Court Disposition

Appeals dismissed; convictions upheld with modification on Count III.

Orders

  • Verdict on Count III substituted to guilty of malicious injury to property.
  • Proceedings returned to trial magistrate for appropriate sentencing on Count III.