Review
case no. 315/05 CR 213/05

Review
Order no. 4/06

IN THE
HIGH COURT OF LESOTHO

In the
matter between:

REX

VS

LITABA
LATSI

In
Thaba-Tseka district

ORDER ON
REVIEW

Courts
are to ensure that Crown evidence is led except in cases where this
is impossible by reason of a witness being unavailable
either because
he is out of the Court's jurisdiction or has died. In rape cases it
is absolutely necessary for the Doctor to give
evidence and to
clarify issues.

I have
recently read medical reports and some of the opinions have puzzled
me as the present where the Doctor has merely noted "A
case of
Rape." If this doctor was called he would perhaps explain what
he means by this.

And
there's another thing which Courts are to be alive to having regard
to the grave HIV/Aids syndrome being that there has to be
examination
as to whether, by reason of the rape, the decease has been contracted
for if so this is an aggravating circumstance.

I am also
to say that strictly speaking, when a judgment and sentence are
confirmed, there's no need to have such a judgment circulated
except
perhaps where there is need to purely highlight factors that need to
be brought to attention of Courts.

I do not
understand why in a rape case where the Court found there was
sufficient evidence the Court has nevertheless decided on
a sentence
amounting to no more than a slap on the wrist. Rape is always serious
even without aggravating circumstances and in
the present case the
girl raped is of the tender age of 21 years with great future ahead
of her. By reason of this rape, her virginity
has been assaulted and
undoubtedly her dignity and reputation have been compromised
blighting her prospects for marriage. These
are factors which the
Court should have considered in imposing the sentence. I am at a loss
what factors the Court considered in
arriving at the sentence
imposed.

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And while
the conviction is confirmed, sentence is altered from five (5) years
to ten (10) years imprisonment. The prisoner is to
be called before,
the Magistrate who imposed the sentence and be informed of this
result. In the absence of the Magistrate who
imposed sentence,
another Magistrate is to assume such duties.

G.N.
MOFOLO

JUDGE

CC: All
Chief Magistrates

All
Magistrates

All
Prosecutors

Magistrate
Thaba-Tseka

O/C
Police Thaba-Tseka

O/C
Prisons Thaba-Tseka

CID -
Thaba-Tseka

Director
of Public Prosecutions

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