Nkhasi and Another v R (CRI/A 20 of 95) [1995] LSCA 171 (2 November 1995)

Nkhasi and Another v R (CRI/A 20 of 95) [1995] LSCA 171 (2 November 1995)

There was no positive identification of the appellants as the perpetrators, and the evidence regarding the production of money was tainted by allegations of coercion, rendering it inadmissible. The prosecution failed to prove its case beyond reasonable doubt.

Citation
[1995] LSCA 171
Parties
Appellant: Stephen Matsela Nkhasi; Appellant: Motlalepula Chabalala; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 November 1995
Case Number
CRI/A 20 of 95
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Theft, Evidence, Identification, Admissibility of Confessions
Source Language
English
Criminal Law Theft Evidence Identification Admissibility of Confessions

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Matsela Nkhasi

Appellant

Motlalepula Chabalala

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was sufficient evidence to convict the appellants of theft
  2. 2 Whether the identification of the accused was adequate
  3. 3 Whether the production of money by the accused was voluntary and admissible

Ratio Decidendi

There was no positive identification of the appellants as the perpetrators, and the evidence regarding the production of money was tainted by allegations of coercion, rendering it inadmissible. The prosecution failed to prove its case beyond reasonable doubt.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Appeal deposits to be refunded to appellants