CRI/A/11/86

IN THE HIGH COURT
OF LESOTHO In the appeal of

STEPHEN MOKHEHLE MAKHOBALO

v

REX JUDGMENT

Delivered by the Hon. Mr Justice M. P. Mofokeng
on
the 24th day of March, 1986

The appellant appeals against both his conviction and
sentence it being alleged that he contravened the provisions of S.
345 of the
Criminal Procedure and Evidence Act No 9 of 1981

It would appear that the complainant's vehicle was not
in order He asked the appellant to look it over. The latter found
no fault
with it. He then said he wished to drive it but the
complainant refused Without the consent of the owner, the accused
drove it and
when he returned it, it was a scrap.

The appellant had pleaded guilty, but the Public
Prosecutor thought that the appellant would turn against his evidence
He then called
evidence to prove his case against the accused beyond
a reasonable ground. (R. v Moteetee, 1974-5 L L.R.) In his
plea in mitigation he said "I see now I am wrong " In my
view the Crown has proved its case against
the appellant beyond
reasonable grounds. The appeal against conviction is therefore
dismissed.

/As regards ...

-2-

As regards sentence, the learned Magistrate did not take
into account the personal circumstance of the appellant and the
condition
under which the offence was committed Moreover the
appellant showed remorse and even indicated to repair the
complainant's vehicle

The learned Magistrate's sentence is severe in the
circumstances and it is set aside and substituted by the following.

" Sentenced to six(6) months' imprisonment the
whole of which is suspended for a period of two (2) years on
condition he is not
convicted of an offence involving dishonesty "

M. P. MOFOKENG JUDGE

24th March, 1986

For Appellant Mr G. N. Mofolo For Crown Mr.
Kamalanathan