CRI/A/l8/85

IN THE
HIGH COURT OF LESOTHO

In the
Appeal of

PHOHLANE
LENGOLO Appellart

V

REX
Respondent

JUDGMENT

Delivered
by the Hon Mr Justice J L Kheola on the 8th day of March, 1985.

The
appellant was charged before the second class magistrate for the
district of Butha Buthe with the offence of illegal importation
into
Lesotho of a donkey and two horses in contravention of section 2 (1)
read with section 6(1} of Proclamation No 5 of 1952 Ho
pleaded guilty
to the charge and was sentenced to pay a fine of R70 or to undergo
imprisonment for 3 months in default of payment
of the fine He is now
appealing to this court against sentence only

It is
common cause that on the 14th November 1984 the appellant imported
into this country the animals mentioned above without a
permit issued
by the principal veterinary officer or by any person designated by
him to issue such permit The only ground of appeal
raised by the
appellant is that the sentence is excessive The maximum sentence
under the Proclamation is R200 or 12 months imprisonment
The sentence
imposed by the learned magistrate is not even half of the maximum
sentence authorized by the Proclamation It is ridiculous
to suggest
that a sentence of R70 or 3 months imprisonment is excessive where a
person is found

2

found
guilty of importing three animals

The
appellate court can interfere with the sentence of a lower court
where the sentence imposed is so har3h that it gives a sense
of shock
or where the sentence of the lower court is substantially different
from what the appellate court would have imposed In
the present case
the sentence seems to be on the lenient side

In terms
of section 327 of the Criminal Procedure and Evidence Act 1981 I
consider that there is no sufficient ground for interfering
with the
sentence imposed by the trial court. The appea1 is dismissed
summarily

JL KHEOLA

JUDGE

8th
March, 1985