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

2

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'

3

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