CRI/T/48/89

IN THE
HIGH COURT OF LESOTHO

In the
Matter of :

REX

v

SELLO
MOKOENA

JUDGMENT

Delivered
by the Hon. Mr. Justice B.K. Molai on the 12th day of February, 1990.

Held at
Butha-Buthe

The
accused is before me on a charge of murder, it being alleged that on
or about 20th December, 1988 and at or near Lekokoaneng
in the
district of Berea he unlawfully and intentionally killed Mphele
Lebesa.

When the
charge was put to him, the accused, who was represented by Mr. Fosa,
pleaded guilty to culpable homicide. Mr. Mokhobo who
represented the
Crown in this matter, told the court that the crown would accept the
plea of guilty to culpable Homicide tendered
by the accused. The plea
of guilty to culpable Homicide was accordingly entered.

It is to
be observed that S.240(1)(a) of the Criminal Procedure and Evidence
Act, 1981, provides:

"240(1) if a person charged with any offence before any court
pleads guilty to that offence of which he might be or to an
offence
of which he might be

2

found guilty on that charge and the prosecutor accepts that plea the
court may

1. if
   it is the High Court and the person has pleaded guilty to any
   offence other than murder, bring in a verdict without hearing
   any
   evidence."

   
   

As it has
already been pointed out, the accused, who is charged with the crime
of murder, has pleaded guilty to a Culpable Homicide
which is a
competent verdict of murder i.e. an offence of which he might be
found guilty on a charge of murder. The Crown has accepted
the plea
of guilty to Culpable Homicide tendered by the accused person. In
terms of the provisions of the above cited Section 240
(1)(a) of the
Criminal Procedure and Evidence Act, 1981, I would, therefore,
convict the accused of Culpable Homicide in accordance
with his own
plea.

Both my
assessors agree with this finding.

Sentence
: 18 months imprisonment.

B.K.
MOLAI

JUDGE

12th
February, 1990.

For Crown
: Mr. Mokhobo

For
Defendant : Mr. Fosa.