R v Ramaisa (C of A (CRI) 2 of 1996) [1996] LSCA 76 (29 June 1996)

R v Ramaisa (C of A (CRI) 2 of 1996) [1996] LSCA 76 (29 June 1996)

The Crown failed to prove that the respondent's pointing out of the deceased's shoes was freely and voluntarily made. The trial court's assessment of the respondent as a credible witness was not manifestly wrong, and there was no material error justifying appellate interference. The appeal was therefore dismissed.

Citation
[1996] LSCA 76
Parties
Appellant: Rex; Respondent: Letlama Ramaisa
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 June 1996
Case Number
C of A (CRI) 2 of 1996
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Murder, Appeal Against Acquittal, Admissibility of Evidence, Pointing Out, Voluntariness of Confession
Source Language
English
Criminal Law Rape Murder Appeal Against Acquittal Admissibility of Evidence Pointing Out Voluntariness of Confession

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Appellant

Letlama Ramaisa

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in acquitting the respondent on charges of rape and murder
  2. 2 Whether the pointing out of evidence by the respondent was freely and voluntarily made
  3. 3 Whether the Crown's right of appeal was properly exercised

Ratio Decidendi

The Crown failed to prove that the respondent's pointing out of the deceased's shoes was freely and voluntarily made. The trial court's assessment of the respondent as a credible witness was not manifestly wrong, and there was no material error justifying appellate interference. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal by the Crown is dismissed.