CRI/A/97-98/84

IN THE
HIGH COURT OF LESOTHO

in the
Appeal of :

1. KOPANO
MAQOTO Appellant

2. MANUEL
MALOTHOANE Appellant

V

REX Respondent

JUDGMENT

Delivered
by the Honourable Mr. Justice J.L. Kheola on the 29th day of April,
1985

The
appellants were charged before the Subordinate Court for the district
of Thaba-Tseka with the theft of thirteen donkeys the
property of
several complainants. The theft occurred at Senqu River during the
month of September, 1983. The appellants pleaded
not guilty to the
charge but were found guilty and sentenced to two (2) years'
imprisonment. They appealed against both conviction
and sentence.

When the
case was called this morning the appellants told the Court that they
were abandoning the appeal against conviction. I think
this was a
good decision because there is overwhelming evidence of people who
saw the appellants driving complainants' donkeys.
Furthermore, some
donkeys were found as a result of the explanation made by the second
appellant.

With
regard to the sentence the appellants ask that the sentence of two
(2) years' imprisonment be suspended on the ground that
they are
people of very poor health and that the concrete floors of the prison
cells are likely to affect their already poor health
very adversely.

2

None of
the appellants produced any medical certificate that he suffers from
any disease. In fact ever since they started serving
their sentence
on the 30th August, 1984 none of them was ever admitted to the
hospital for treatment. I am convinced that the appellants
are
attempting to mislead the Court. A sentence of two (2) years'
imprisonment for the theft of thirteen donkeys does not appear
to mo
to be severe. Stock theft is a very serious offence and causes severe
hardships to our rural community whose lives depend
almost entirely
on animals which they use as means of transport, for ploughing and
sell them or their wool for cash.

The
appeal is dismissed.

JUDGE

29th
April. 1985.

For
Appellants : In Person

For Crown
: Mr. Seholoholo