3
CRI/T/0088/2017
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU
In the matter between:-
REX
vs
LEBOHANG MOSOEU
JUDGMENT ON SENTENCE
Neutral Citation: Rex vs Lebohang Mosoeu (CRT/T/0088/2017) [2022] LSHC 18
CORAM : HON. T. MATOOANE, ACTING JUDGE
DATE ON JUDGMENT : 9TH FEBRUARY 2022
The accused person tendered a plea culpable homicide which was accepted by the Crown in terms of 2 Section 240 (1) (a) of the Criminal Procedure and Evidence Act 1981 as amended. The Court finds the accused guilty of culpable homicide accordingly.
In mitigation of sentence a number of factors were raised by the counsel for the defense which interalia included the following.
That the accused was a first offender;
He showed remorse by pleading guilty to the charge;
He has always attended court when required to do so;
He is a family man with two minor children who relies solely on him as a breadwinner;
The crime occurred at the spur of a moment, there was no bad blood between the parties who were close neighbours before the incident;
He contributed to the burial of the deceased with the cow which was slaughtered customary at the funeral and the coffin which was used to bury the deceased;
He is prepared “raise the head of the deceased” customarily by contributing M15,000.00.
On the other hand, the Crown argued that the deceased had a wife and a young child and that the sentence must be deterrent in nature.
The accused is sentenced to 6 (six) years in prison. However the whole sentenced in suspended for three years. Meaning that the accused should not commit a crime which violence is a component. Within this period.
The accused is ordered to pay compensation of M15,000.00 (fifteen thousand Maloti) as agreed with the Crown within a period of the years.
My Assessors agree.
T. MATOOANE,
ACTING JUDGE
For Crown : Mr T. Fuma
For Defence : Mr Masoabi