HIGH COURT OF LESOTHO
Case No. 258/2005 CR 742 /2005
Order No. 23/2005
ORDER 1st DECEMBER 2005
was send to this court on automatic review.
accused was charged with having contravened Section 10(1) of the
Motor Vehicle Act No. 13 of 2000.
incident is alleged to have occurred at Mahloenyeng in the Maseru
district on or about the 5th April 2005.
alleged to have broken into the vehicle of one 'Mathabelo Ramootsi
from which he stole the sum of M2,300.00, the property
or in the
lawful possession of "Mathabelo Ramootsi.
end of the day, the accused was convicted and sentenced to two (2)
years imprisonment or M2,000.00 fine.
reading of the said Section 10(1) of the said Act will clearly show
that the learned magistrate has misdirected himself
in imposing the
said sentence. This I say with the greatest respect to the learned
Section reads as follows:-Heading:
into motor vehicle.
"A person who breaks into a motor vehicle without the consent of
the owner or a person in lawful possession thereof shall,
contrary is proved, be presumed to have broken into it with the
intention of stealing, whether of the vehicle or of
articles in the
vehicle, and is guilty of an offence and on conviction is liable to
imprisonment for a period not less than 3 years
or to a fine not less
than M6,000.00 or to both."
nowhere where a lessor sentence than the prescribed one is provided
foregoing reasons, this court declines to certify that the
proceedings herein are in accordance with real and substantial
accused was prosecuted, convicted and sentenced before a magistrate
of the 2nd class. In terms of the Provisions of the Subordinate
Courts (Amendment) Act No.6 of 1998, a second class magistrate has
jurisdiction in the matter of punishment of a fine of M16,000.00
imprisonment for a period of 8 years.
therefore no reason why the learned magistrate who sentenced the
accused herein has not invoked the Provisions of the said
which the crown alleges the accused has contravened when he imposed a
sentence upon the accused.
foregoing reasons, and mindful of the Provisions of Section 69(2) (b)
of the Subordinate Courts Proclamation No.58 of 1958;
I confirm the
conviction but I set aside the whole of the sentence imposed by the
learned magistrate herein. I substitute in its
place the following:-
is sentenced to 3 (three) years imprisonment or to a fine of
69(2) (b) of the Subordinates Court Proclamation No. 58 of 1938 to
which this court has referred reads as follows: "The
or reverse the conviction or increase or reduce or vary the sentence
of the court which imposed punishment".
Acting Justice M. L. Lehohla (as he then was) in Rex V Thabiso Khaba
Review Case; No. 243/86 and Rex V Thosi Andreas Molebatsi
Case No. 717/86.
learned magistrate should have the accused summoned before him and
inform him of the result of the review.
also have the committal warrant of accused altered accordingly.
All Chief Magistrates
All Public Prosecutors
O/C Police Maseru
O/C Prison Maseru
CID - Maseru
Director of Public Prosecutions
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