CRI/T/37/91

CR 26/90

PE/5/90

IN THE
HIGH COURT OF LESOTHO

In the
matter of :

REX

v

SELOSENE
THOCHOLO

SENTENCE

Delivered
by the Honourable Mr. Justice T. Monapathi on the 1st day of August.
1994

I have
already found you guilty of culpable homicide, on your own plea, in
accordance with the provisions of section 240 l(a) of
the Criminal
Procedure and Evidence Act 1981. I have heard the submission of your
Counsel in mitigation of sentence. : Those I
have considered.

It is
advisable for; Counsels, for purpose of sentence to advise accused
persons to give viva voce evidence, to assist the Court
and to
enlighten the Court. Of course this is for the benefit of an accused
persons, who have nothing to hide. However electing
not to go into
the box as accused persons, more often

2

than not
do, is the right that the law gives to them. But it does not result
in full and candid disclosure of all important facts
for
consideration by the Courts for the purpose of sound and balanced
sentencing.

I have
said that you have taken the life of a human being. It is a serious
thing. That is why this Court is sitting here today about
this
matter, As we all know Courts do not condone unlawful killings of
human beings by other human beings. That is why,you must
be punished.
You must be punished because it must be brought home to you and the
whole community that people who have done wrong
should be punished.
In common language you must bear your own cross.

What I
think is very important in your favour is that you have admitted
guilt. This is what we encourage. It saves the time of the
Court. It
shows contrition. It shows remorse. That we should consider in our
sentence.

I also
realize that you are a very young person. You should be about twenty
seven years now, You are married, You have a family
to take care of.
You also deserve a chance in life. But then we cannot ignore the
circumstances of the deceased as matters stand
now. He will not come
back. He is lost to his community. He is lost to his family. It is
for ever,

3

Crown
Counsel has told me that you have no previous convictions, meaning
that this is your first occasion to do an unlawful thing
like this. I
have also taken into account these circumstances of the killing of
the deceased, You had suspicion that the deceased
caused your arrest
for stock theft. Your arrest was found to be based on wrong
suspicion. You felt very aggrieved about this. If
I understood well
you thought the deceased was the cause of this. But then you did not
take lawful steps or seek to discuss the
matter with a good intention
and spirit of clearing the air towards an amicable settlement.

There was
also some drunkness or drinking around this time of the fight. This I
have also considered.

You can
rest assured that one of the things we have had in mind in giving you
this punishment is to have justice done with mercy.
This Court has to
have mercy when sentencing people brought before it. But all the same
the punishment must also indicate the view
of the seriousness which
this Court takes of your unlawful action.

I will
send you to a term of imprisonment without a fine. It will be six (6)
years. From now onwards you are under the sentence
that I have made.
You should understand,

4

MONAPATHI

JUDGE

1st
August, 1994

For the
Crown : Mr. Sakoane

For the
Accused : Mr. Mathafeng