R v Makeka and Others (CRI/A 26 of 95) [1995] LSCA 142 (25 September 1995)

R v Makeka and Others (CRI/A 26 of 95) [1995] LSCA 142 (25 September 1995)

The appeal was dismissed because the complainant's identification of the appellants was positive and credible, corroborated by other evidence, and the trial court did not misdirect itself regarding the alibi or the sentence. The sentence was justified by the aggravating circumstances.

Citation
[1995] LSCA 142
Parties
1st Appellant: Moramang Makeka; 2nd Appellant: Matobako Nthakha; 3rd Appellant: Ntabejane Mothebe; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
25 September 1995
Case Number
CRI/A 26 of 95
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Housebreaking, Indecent Assault, Identification Evidence, Alibi, Sentencing
Source Language
English
Criminal Law Housebreaking Indecent Assault Identification Evidence Alibi Sentencing

Case Brief

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Parties

Moramang Makeka

1st Appellant

Matobako Nthakha

2nd Appellant

Ntabejane Mothebe

3rd Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction was against the weight of evidence
  2. 2 Whether there was satisfactory identification of the appellants
  3. 3 Whether there was corroboration of the complainant's evidence

Ratio Decidendi

The appeal was dismissed because the complainant's identification of the appellants was positive and credible, corroborated by other evidence, and the trial court did not misdirect itself regarding the alibi or the sentence. The sentence was justified by the aggravating circumstances.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of five years' imprisonment for housebreaking with intent to commit indecent assault upheld