CRI/T/33/88

IN THE HIGH COURT OF LESOTHO
In the
matter between:

REX

and PHETELOMAHARE'

JUDGMENT

Delivered by the Honourable Mr. Justice J.L Kheola
on the 29th day of August, 1989

The accused is charged with the murder of one Tankiso
'Moloki on the 23rd August, 1987 at or near Likameng in the district
of Thaba-Tseka.
The defence tendered a plea of guilty of culpable
homicide and the Crown accepted it.

The facts of the case are that on the 23rd August, 1987
one 'Matokiso Mahare was at the home of the accused in the accompany

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of the accused's wife. When the deceased arrived they
gave him a stool and he sat down. While they were conversing with the
deceased
the accused arrived and greeted them. The two women answered
the greeting but the deceased remained silent. The accused again
greeted
the deceased and asked who he was. The deceased became very
stubborn and asked the accused who was he looking for.

The accused was not satisfied with that answer and
warned the deceased that he had a right to ask him his name because
that was his
home. The deceased said he could not ask him such a
thing and swore at him. He struck the accused with a stick. The
accused stabbed
him with a knife on the chest. The deceased went away
but fell down not far from accused's house and died.

The parents of the deceased decided to bury him before
any post-mortem examination was carried out. Although there is no
medical
evidence as to the cause of death I think there is no doubt
that the deceased died as a result of the stab wound inflicted by the
accused. He was healthy just before he was stabbed and died
immediately after he was stabbed.

The defence tendered a plea of guilty of culpable
homicide apparently on the ground that the accused slightly exceeded
the bounds
of self-defence in that after he was struck he decided to
stab the deceased instead of attempting to run away.

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Verdict: I find the accused guilty of culpable
homicide in accordance with his plea

Sentence: In passing sentence I took into
consi­deration that the accused is a first offender and that he
pleaded guilty without wasting
the court's time. I also took into
account that the deceased was the aggressor. The accused is sentenced
to three (3) years' imprisonment
suspended for three (3) years on
condition that during the period of suspension the accused s is not
convicted of any offence involving
violence to another person
committed during the period of suspension.

Order: The knife must be destroyed by the
police.

J.L KHEOLA JUDGE

29th August, 1989.

For the Accused - Mr. Monaphathi
For the Crown -
Miss Moruthoane.