Ramohapi v R (CRI/A 61 of 88) [1989] LSCA 99 (18 August 1989)

Ramohapi v R (CRI/A 61 of 88) [1989] LSCA 99 (18 August 1989)

The magistrate erred in law by proceeding with contempt proceedings instead of invoking the statutory procedure for enforcing payment of fines. The record did not specify when payment was due, and the burden of proof was not discharged by the prosecution.

Citation
[1989] LSCA 99
Parties
Appellant: Ramakoloi Ramohapi; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
18 August 1989
Case Number
CRI/A 61 of 88
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Failure to Pay Fine, Procedure for Enforcement of Fines, Alternative Sentencing, Burden of Proof in Contempt
Source Language
English
Criminal Law Contempt of Court Sentencing Failure to Pay Fine Procedure for Enforcement of Fines Alternative Sentencing Burden of Proof in Contempt

Case Brief

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Parties

Ramakoloi Ramohapi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to pay a fine amounts to contempt of court
  2. 2 Whether proper procedure was followed in enforcing payment of the fine
  3. 3 Whether the sentence imposed was appropriate

Ratio Decidendi

The magistrate erred in law by proceeding with contempt proceedings instead of invoking the statutory procedure for enforcing payment of fines. The record did not specify when payment was due, and the burden of proof was not discharged by the prosecution.

Court Disposition

appeal allowed

Orders

  • conviction and sentence set aside