HIGH COURT OF LESOTHO
the Honoureble the Chief Justice Mr. Justice B.P Cullinan on 30th
Crown Mr. S. Mdhluli, Crown Attorney The Accused in Person.
comes before me by way of review as of course, from the Suborainate
Court of the First Class at Quthing.
accused pleaded guilty to a charge of assault with intent to do
grievous bodily harm. He agreed with the statement of facts
convicted as charged, and was sentenced to pay a fine or M200, or in
default of payment to undergo imprisonment for 10
months. I had the
accused called before the Court to show cause, if he wished, why the
sentence should not be increased. The learned
Crown Attorney Mr.
Mdhluli made reply to the accused's submissions.
accused stabbed the complainant, his aunt, after he had been quite
properly reprimanded by her. He stabbed her with a knife
In the left
shoulder leaving a 3 centimetre wound, which was described as being
"deep"' by the doctor. The accused is
a first offender was
has pleaded guilty. He is entitled to leniency on both those grounds.
Nonetheless, he used an offensive instrument,
and the complainant was
fortunate indeed that she did not suffer more grievous injury.
of aggravated assault particularly where an offensive instrument such
as a knife Is used, deserves an Immediate custodial
than in wholly exceptional circumstances. The accused did not pay the
fine, and is in fact serving 10 months Imprisonment.
sentence is, I consider, manifestly inadequate.
the circumstances the finding and conviction of the court below are
confirmed. The sentence is set aside however and there
therefor a sentence of three years' imprisonment, with effect from
the 1st February, 1988, the date of sentence
In the court below. I
order however that the operation of one year's imprisonment be
suspended for a period of two years,
on condition that the accused is
not convicted of any offence involving violence during that period.
at Maseru this 25th day of March, 1988.
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