CRI/A/56/81
IN THE HIGH COURT OF LESOTHO
In the Appeal of :
MOKOTSOANA MOKHALI & ANOTHER Appellant
v
REX      Respondent
REASONS FOR JUDGMENT
Filed by the Hon. Justice F.X. Rooney
on the 27th day of October,1981.
Mr. G.N. Mofolo for the Appellant
Mr, Lenono for the Crown.
The two appellants were charged before Mr, G.T.Jane
with assault with intention to do grevious bodily harm
to one Tsietsi Mongalo. On the 11th May, 1981, the first
appellant, who is the father of the second appellant,
was found guilty of common assault and sentenced to pay a
fine of M80 or 4 months imprisonment in default. The
second appellant was found guilty of the offence with
which he was charged and was sent to prison for 6 months.
On the 12th May, according to the an affidavit
placed before the Court by the appellants, they prepared
their grounds of appeal and they informed the Clerk of the
Court at Leribe of their intentions in this regard. The
Clerk told them that as the record of the proceedings had
already been sent to the High Court on review he could not
receive their appeal. If this is in fact the case then
I can only say that it shows a deplorable lack of common
sense on the part of the officer concerned. This is
particularly so in the case of the second appellant who
was serving his sentence. He was not released on bail
pending appeal until the 26th June, I condoned the late
filing of the appeal as this arose through no fault of the
appellants.
2/ In regard to the     

-2-
In regard to the merits I take note of the fact that
the first appellant did show that in the course of his
fight with the complainant he received bruises on the
head. However, the complainant was more seriously
injured and I am satisfied that whoever may have started
the fight both appellants were at fault in continuing
it. I saw no ground for interfering with the conviction
of the first appellant.
The second appellant used a knife with which to
stab the complainant. However, there was no evidence
that the wound amounted to any more than a scretch on
the arm. Although the magistrate was entitled to take
a serious view of the unlawful use of a knife, in the
present case there was insufficient evidence to establish
that the second appellant intented to cause grevious harm.
I therefore set aside his conviction and substitute for
it a conviction for common assault.     
Taking into account that the second appellant
spent a period in prison between the time of his conviction
and his release on bail, it was not appropriate to impose
a heavy fine upon him. I therefore substituted in his
case a fine of M10 or 1 month's imprisonment in default of
payment.

JUDGE
27th October, 1981.
Attorney for the Crown : Lav; Office.