R v Moahloli (CRI/T 8 of 80) [1980] LSHC 39 (20 June 1980)

R v Moahloli (CRI/T 8 of 80) [1980] LSHC 39 (20 June 1980)

The accused, by fabricating wage-sheets and payment vouchers, forging signatures, and presenting these to obtain cheques which she then cashed and converted, committed theft by false pretences of R99,082.40. The evidence, including her fingerprints on forged documents and the pattern of duplicate and excessive payments, proved her guilt beyond reasonable doubt. She was found not guilty of theft and fraud as charged in the main and alternative counts, but guilty of theft by false pretences.

Citation
[1980] LSHC 39
Parties
Plaintiff: Rex; Defendant: 'Mabonang Moahloli
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 June 1980
Case Number
CRI/T 8 of 80
Procedural Posture
Criminal / Judgment and Sentence
Outcome
Convicted of theft by false pretences; acquitted of theft and fraud as charged in the main and alternative counts.
Legal Topics
Theft by False Pretences, Fraud, Forgery, Public Service Misconduct
Source Language
English
Criminal Law Public Finance Theft by False Pretences Fraud Forgery Public Service Misconduct

Case Brief

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Parties

Rex

Plaintiff

'Mabonang Moahloli

Defendant

Procedural Posture

Criminal / Judgment and Sentence

Legal Issues

  1. 1 Whether the accused stole government funds by means of false pretences and forgery
  2. 2 Whether the accused fabricated wage-sheets and payment vouchers to obtain money fraudulently
  3. 3 Whether the accused was guilty of theft, theft by false pretences, or fraud

Ratio Decidendi

The accused, by fabricating wage-sheets and payment vouchers, forging signatures, and presenting these to obtain cheques which she then cashed and converted, committed theft by false pretences of R99,082.40. The evidence, including her fingerprints on forged documents and the pattern of duplicate and excessive payments, proved her guilt beyond reasonable doubt. She was found not guilty of theft and fraud as charged in the main and alternative counts, but guilty of theft by false pretences.

Court Disposition

Convicted of theft by false pretences; acquitted of theft and fraud as charged in the main and alternative counts.

Orders

  • Accused found guilty of theft by false pretences of R99,082.40.
  • Accused to be punished severely as a deterrent to other public servants.