CRI/S/16B/2006
CR/1416/2006

District: Maseru

IN THE
HIGH COURT OF LESOTHO

In the
matter between:-

REX

MOSHOESHOE
MOHASA

SENTENCE

Delivered
by the Hon. Mrs Justice A. M. Hlajoane on 4th June, 2007.

The
Accused was tried before the Maseru Magistrate's Court for
contravention of section 3 (2) of the Sexual Offences Act No.3 of

2003. In that he unlawfully had a sexual relations with a married
woman of 30 years without her consent in the early morning of
the 3rd
May, 2006 at Qoaling Ha Seoli.

The
Accused pleaded not guilty to the charge and the Crown had called in
evidence of five Crown witnesses to prove its case. The

2

Accused
also called in evidence in rebuttal of allegations against him. After
both sides were heard the Court found that the guilt
of the Accused
had been proved beyond all reasonable doubt and therefore returned a
verdict of guilty as charged.

This
being a sexual offence the case was sent to this Court for sentence
under section 32 (2) of the Sexual Offences Act No.3 of
2003. The
section allows the Magistrate to send the record to the High court
for sentence where he/she is of the feeling that the
appropriate
penalty is beyond his penal powers.

This
Court having listened to both sides became aware that the sentence to
be imposed fell under section 32 (a) (iii) of the Sexual
Offences
Act. The accused being a first offender and having been in prison
from August 2006 to date, is sentenced to a term of
ten (10) years
imprisonment and the sentence to run from the time Accused was
remanded in custody, which is August 2006.

1. M.
   HLAJOANE

   
   

JUDGE

For
Crown: Mr Peete

For
Accused: In Person