IN THE HIGH COURT OF LESOTHO In the matter
v SAULE SAULE AND 11 OTHERS
Delivered by the Honourable Chief Justice Mr Justice B.
P. Cullinan on the 7th day of July, 1989
There was no enquiry as to age whatever. Even the
accused whose age is recorded at 19 or 20 years, could be the subject
of such enquiry,
particularly where a minimum sentence of 5 years
imprisonment is involved.
None of the accused were represented. In particular none
of the child-accused were represented by their parents or guardians.
The facts revealed do not necessarily disclose that the
accused acted in concert - it cannot have been alleged that all 12
broke and entered. The statement of facts does not
disclose which accused was found in possession of what property.
/The inference ...
The inference of receiving could, on the facts, have
been drawn. The Court is not entitled to draw the least favourable
In all the circumstances the pleas of guilty were
equivocal and the trial a nullity. So of course was the sentence of
5 years imprisonment
when applied to any child accused.
I order that all accused be retried before another
magistrate. A3 to the charge sheet, I leave that to the discretion
of the Director
of Public Prosecutions - and also the question as to
whether he wishes to bring the accused before the Subordinate Court
(Sgd ) B. P. CULLINAN
B. P. CULLINAN (CHIEF JUSTICE)
African Law (AfricanLII)
Ghana Law (GhaLII)
Laws of South Africa (Legislation)
Lesotho Law (LesLII)
Liberian Law (LiberLII)
Malawian Law (MalawiLII)
Namibian Law (NamibLII)
Nigerian Law (NigeriaLII)
Sierra Leone Law (SierraLII)
South African Law (SAFLII)
Seychelles Law (SeyLII)
Swaziland Law (SwaziLII)
Tanzania Law (TanzLII)
Ugandan Law (ULII)
Zambian Law (ZamLII)
Zimbabwean Law (ZimLII)
Commonwealth Countries' Law
LII of India
United States Law