R v Ramphobole (CRI/A 20 of 86) [1986] LSCA 68 (2 June 1986)

R v Ramphobole (CRI/A 20 of 86) [1986] LSCA 68 (2 June 1986)

The trial court committed a serious irregularity by calling upon the appellant to answer a non-existent case and by building up a case against him after the close of the defence case, resulting in a failure of justice. The conviction and sentence could not stand.

Citation
[1986] LSCA 68
Parties
Appellant: Tefo Ramphobole; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 June 1986
Case Number
CRI/A 20 of 86
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Rape, Statutory Rape, Criminal Procedure, Recall of Witnesses, Prima Facie Case
Source Language
English
Criminal Law Rape Statutory Rape Criminal Procedure Recall of Witnesses Prima Facie Case

Case Brief

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Parties

Tefo Ramphobole

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in recalling a witness to establish the complainant's age after the close of the defence case
  2. 2 Whether there was a prima facie case at the close of the prosecution's case
  3. 3 Whether the appellant was properly convicted and sentenced

Ratio Decidendi

The trial court committed a serious irregularity by calling upon the appellant to answer a non-existent case and by building up a case against him after the close of the defence case, resulting in a failure of justice. The conviction and sentence could not stand.

Court Disposition

appeal allowed

Orders

  • conviction and sentence set aside
  • appeal fee to be refunded to the appellant