CRI/S/7/85
IN THE HIGH COURT OF LESOTHO
In the matter of
REX
v
TEBOHO WILLIAM MPAKANE
JUDGMENT
Delivered by the Hon- Mr. Justice J.L Kheola on the 13th day of August, 1965
The two accused appeared before the Subordinate Court of second class charged with housebreaking with intent to steal and theft, it being alleged that on the 4th March, 1985 at Maseru East the said accused did each or both of them unlawfully and with intent to steal break and enter the storeroom of one 'Mamothibeli Chaole and stole four windowframes, a door and two tins of paint, the property or in the lawful possession of 'Mamothibeli Chaole. The accused pleaded guilty to the charge. The public prosecutor stated the facts disclosed by the evidence in his possession in terms of section 240 of the Criminal Procedure and Evidence Act 1981. The accused accepted the facts and were found guilty as charged. The accused now before me was committed for sentence by the High Court because he had a very long record of previous convictions. The other accused was sentenced to two months' imprisonment.
The facts of the case were that on the date in question the complainant locked the door of her storeroom after she had placed the goods mentioned above into it. On the following morning she noticed
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that the door of the storeroom had been broken and the goods were missing. The matter was reported to the police. On the 12th March, 1985 the second accused came to the complainant and told her that he and the accused before me had broken into her storeroom and stolen the goods. He told her that the trouble started after the goods had been sold and the accused before me refused to share the proceeds of the loot with the second accused. The complainant escorted the second accused to the charge office and he again confessed to the police. He led them to the home of the present accused who led them to the homes of various people to whom he had sold the goods. All the missing goods were recovered
When the accused appeared before me he explained that he pleaded guilty simply because the second accused - requested him to sell the goods for him and he agreed. He alleges that at the relevant time he did not know that the goods were stolen. I have thoroughly considered the statement of the facts of this case by the public prosecutor and have come to the conclusion that the statement was very clear and disclosed an offence It was clearly stated that the two accused were together when they broke and entered into the complainant's storeroom. It was clearly stated that after taking the goods the accused undertook to sell them but later refused to share the proceeds with the second accused, I am convinced that the guilt of the accused was proved beyond a reasonable doubt and that his half-hearted attempt to say he did not understand the facts must be rejected outright.
I confirm the conviction.
The accused has a very long record of previous convictions covering the period from May, 1974 to July, 1984 With the exception of the last previous conviction which was for unlawful possession of dagga,the rest are relevant because they involve common theft and housebreaking with intent to steal and theft In 1981 he was sentenced to three years' imprisonment for stock theft, In 1983 he was sentenced to nine months'
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imprisonment for housebreaking with intent to steal and theft I have no doubt that if after serving the sentence I am about to imposed the accused will again commit theft, he shall have to be warn that he shall be declared an habitual criminal in terms of section 303 of the Criminal Procedure and Evidence ACT 1981. Sentence - Four (4) years' imprisonment.
J.L. KHEOLA
JUDGE
13th August, 1985.
For Crown Mr. Lenono
For Defence In Person