CRI/S/3/65

IN THE
HIGH COURT OF LESOTHO

In the
matter of

REX

vs

MPHO
SETSENA

JUDGMENT

Delivered
by the Hon Justice J L Kheola on the 6th day of March, 1985

The
accused has been committed for sentence by this Court after being
found guilty of housebreaking with intent to steal and theft
by a
magistrate of second class. It is alleged that on or about the 14th
August, 1984 and at or near Sea-Point in the district
of Maseru, the
said accused unlawfully broke and entered the house there situated of
'Mamolise Sello and stole two blankets, one
shirt, one overall, one
pair of shoes, one jacket, one bucket, one pair of trousers and one
overcoat the property or in the lawful
possession of 'Mamolise Sello

The
evidence against the accused was overwhelming. The bucket was
recovered from the lady to whom the accuser! had sold, while the
rest
of the articles were found at the Maseru bus stop near a rubbish bin.
It was the accused who led the chief's representative
to place where
the articles were found This fact proves beyond any reasemble doubt
that the accused was responsible for the placing
of those articles at
that particular place because Thibella township is far from the bus
stop At the time of his arrest the accused
was wearing one of the
missing blankets and he tried in vain to convince the trial court
that the blanket was his property The
trial court rejected his

2

story and
believed that of the Crown witnesses

The last
point which proves the guilt of the accused is that after pointing
out the articles at the bus stop the accused was ordered
by the
chief's representative to go and show him where he took the articles
The accused led him to the house of the complainant.
If the accused
had not been at the house of the complainant on the previous night I
see no reason why he was able to go straight
to that house. As far as
the breaking is concerned the lock of the house had been damaged to
enable entry.

I came to
the conclusion that the accused had been properly convicted and I
confirmed the conviction.

The
accused has six previous convictions dating from 1969 to 1979. In
considering what sentence to impose I decided not to take
into
account any previous conviction which is ten years old. This left me
with only two previous convictions - on the 28th June,
1976 the
accused was convicted of theft and sentenced to nine months'
imprisonment, on the 29th October, 1979 he was again convicted
of
theft and sentenced to nine months' imprisonment. Sentence - Three
years' imprisonment-

J L.
KHEOLA

JUDGE

24th
April, 1985.

For Crown
Mr. Seholoholo

For
Defence In person