HIGH COURT OF LESOTHO
Case No. 21/2006 CR 143/2005
Order No. 2/2006 In the Mohale'shoek District
ORDER 13th FEBRUARY 2006
was send to the High Court on automatic review.
accused were convicted before the second class magistrate in Mohale's
hoek on a charge of house-breaking with intent to steal
alleged to have broken into the house of one Sefakoana Putsoane from
where they subsequently stole the following property:
television set worth M350.00
blue comforter/duvet worth M350.00
Willard battery worth M399.00
medium sized pot worth M75.00 Total - Ml ,324.00
is an estimated cost of the allegedly stolen property.
property was found within a few days after it being stolen from the
house of the complainant. The battery, blue comforter
and pot were
found with Al; while the television battery was found with A2.
accused resided at Likhutlong and Qalakheng respectively; while the
complainant resided at Litsoeneng in Mohale's hoek both
tendered a plea of guilty and were, after the outline of facts by the
public prosecutor, duly convicted and sentenced as
seven (7) years imprisonment
A2 - two
(2) years imprisonment
stolen property was returned to the complainant.
alleged to have previous convictions while A2 is said to be a first
previous convictions form (Jus. III) against Al dated the 2nd June
2005 show that the said Al was on the 18th May 2005 charged,
guilty and convicted on a charge of house-breaking with intent to
steal and theft. He was sentenced to pay a fine of Ml,000.00
or to a
period of one (1) year imprisonment in default of payment.
of that sentence was however, suspended on condition that Al served
420 hours community service.
Al never served that community service. He absconded.
clear from the court record that the learned magistrate has taken
into consideration the said previous convictions against
convicting Al to seven (7) years imprisonment without an option of a
court (reviewing court) realizes however that the said previous
conviction has not been in existence for a period of one (1)
when Al offended again, committing the same offence.
previous conviction, should therefore have not been taken into
account as a previous conviction because it had been imposed
for a period of only 14 or 15 days. It can therefore not be
considered to be a previous conviction.
as it may, this court has come to the conclusion that the present
proceedings are certified as being in accordance with
substantial justice. There is no prejudice occasioned by the accused.
circumstances the learned magistrate should call Al, ask him to show
cause why he should not be ordered to serve the sentence
imposed in CR120/2005 in the light of the fact that he absconded and
did not undergo community service as has been ordered
by the court.
not ever be let to get away without having served that sentence in CR
learned magistrate should also indicate how the sentence in CR 120/05
should run with regard to the one imposed in the instant
143/05) now under review.
Magistrate Mohale's hoek
All Public Prosecutors
O/C Police Mohale's hoek
O/C Prison Mohale's hoek
CID - Mohale's hoek
Director of Public Prosecutions
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