IN
THE HIGH COURT OF LESOTHO

In the matter of :

REX v

MOHOLOBELA MOHOLOBELA

Delivered by the Hon. Mr. Justice M.L. Lehohla on the
27th day of April, 1990

When your matter came on Review the Court felt that the
sentence you had received was manifestly inadequate and it therefore
decided
that you should be given an opportunity to say why in the
event that the conviction is confirmed the sentence should not be
enhanced.

Very properly your counsel addressed me on factors which
he submitted should persuade the Court not to increase the sentence.
One
of those is your age which in itself entails indiscretion in that
when you committed the offence you were only eighteen (18) further
that, you didn' t waste the time of the Court or even traumatise the
victim by going through the cross-examination of her in Court
and all
that.

I have also been advised that the assault with a stick
was not really connected with the Rape itself. The hitting with a
stick was
done in the vicinity and in full view of the victim's
play-mates. But as to the rape nothing is suggested that it took
place within
their view. So it stands to reason that the hitting
with a stick though in itself an abominable and unwarranted act was
not really
part

/of

-2-

of the force that was used to commit rape. But now the
rape itself was repeated twice.

The authority of R.v.Billan & Others (I986) ALL E.R.
985 (CA) to which I have been referred by your counsel says that :
"in
respect of benign rape Five Years (5) should be the starting
point, but where it is repeated upwards of eight (8) years is
warranted".

I have been told that in R.v. Masupha -
CRI/REV/443/88 which is slightly different from yours , nine (9)
years was imposed. But regard should be had to the fact that
rape is
a hanging crime. And anybody who commits it should not expect to be
treated with benignity.

The girl that you have raped is a girl of tender years

of only fourteen (14) and the stigma of rape will attach
to
her for the rest of her life. There is no doubt, in my mind,

that when girls have gathered at some place and the
question

of rape is raised, she should feel very uncomfortable;
thinking

that she is being referred to in derogatory terms.

Well, of course, the fact that you pleaded guilty gives
the impression that you are quite remorseful. I am not going to give
you
nine years (9) imprisonment. But I am going to enhance your
sentence to that of seven (7) years' imprisonment

JUDGE 27th April, 1990

For Crown : Ms. Moruthoane For Defence: Mr. Putsoane