CRI/T/54/90

IN THE
HIGH COURT OF LESOTHO

In the
matter of :

REX

v

SENZILE
SKENQI

HELD AT
QUTHING

JUDGMENT

Delivered
by the Hon. Mr. Justice M.L. Lehohla on the 12th day of December,
1990

The
accused person stands charged in Count I with Murder and Count II -
Assault with intent to do grievous bodily harm.

When the
indictment was put to him at the beginning of the trial, the accused
tendered a plea of Culpable Homicide on the first
count which plea
the Crown accepted. On the second count the accused pleaded guilty
and the Crown accepted the plea.

The facts
of this case arc briefly that on the 28th April 1989 at Ha Tjobolo in
the district of Quthing at early dusk, accused's
elder sister
quarrelled with his wife (accused's) over mealie pap that was
allegedly cooked by the former and which the latter
ate without
asking for permission.

It was
during this quarrel between the two ladies that suddenly accused
pitched on the scene. On entering the hut, the accused struck
his
elder sister (Sedudla Skenqi) on

2

the left
arm without uttering any word. This was followed by another stick
blow on the head. The accused's elder sister fell down
hut was once
again hit with the stick by the accused on the hack of her head.
Apparently she passed out for some time.

Evidence
shows that inside the hut where the assault was carried out, were 5
small children. And that during this assault a paraffin
lamp which
had been lit was extinguished. Indeed upon her coming to, the
accused's elder sister discovered that the hut was in
darkness and
that the children had gone.

Evidence
further shows that some of the accused's relatives in the compound
heard a noise from where the accused was assaulting
his elder sister.
Sometime when they came to make inquiries, they met accused person
from the hut. Upon reaching the hut from where
he came, (i.e.
accused) a small child of 4 years by the name of Maoetho Ramahetlane
was found to he seriously injured on the head.
He was taken to
another hut. However during the same night he died.

With
respect to the death of the small child the doctor found the cause to
be Epidural bleeding and brain compression, and observed
that a
tremendous blow was required to scatter the skull as found on
examination.

This
briefly is the outline of the facts that form the basis of the two
counts on which the accused stands charged before this Court.

It
appears that you were extremely negligent in your act when you
molested this young child who died in the process. You are going
to
he convicted of Culpable Homicide on your own plea. Likewise in
respect of the assaults that you meted out on Sdudla Skenqi
you
appear to have acted recklessly; it is only through her luck that she
survived. You are accordingly,on your own plea, convicted
of assault
with intent to do grievous bodily harm.

3

SENTENCE

I have
taken into consideration the fact that you have pleaded guilty, and
that in the Court's mind is a sure sign that you are
remorseful. In
respect therefore of the Culpable Homicide of which you have been
convicted on your own plea the sentence shall
he 6 years'
imprisonment of which 2 are suspended for 2 years on condition that
you he not convicted of a crime involving violence
to a person
committed during the period of the suspension. With regard to your
coviction relating to assault with intent to do
grievous bodily harm
the Court's hands are tied the best that I can do is impose the
minimum prison term prescribed by the draconic
Order - hence the
imposition, therefore, of 5 years' imprisonment. And the least I can
do by way of appreciation of your remorsefulness
would he to make
both these sentences run concurrently.

JUDGE

12th
December, 1990

For Crown
: Mr. Qhomane

For
Defence : Mr. Fosa