IN THE
HIGH COURT OF LESOTHO

In the
matter between:-

REX

vs

TAHLEHO
MALAKE

Review
Case No.:234/04 CR 119/03

Review
Order No.:25/04 Mafeteng District

REVIEW
ORDER

On
15/04/03 before the Mafeteng Subordinate Court the accused was found
guilty of housebreaking with intent to steal and theft.
She had
pleaded guilty to the charge.

The
outline of facts revealed that on the 5/3/03 accused had broken into
the house of 'Mathapelo Kolisang and stole several household
items
and clothing.

2

She
admitted responsibility and facts as stated by the prosecutors. She
has no previous convictions and is a young married mother
aged 25
with three children aged 9, 5, and 3.

The
sentence of fifteen years without an option of fine is shockingly
inappropriate to the circumstances of the case.

Today I
heard Mr Mokuku for the crown who concedes that sentence of 15 years
is too severe and having heard accused Tahleo Malake
explain her
circumstances, sentence is quashed and substituted with the
following: 4 years imprisonment without fine wholly suspended
for
three years on condition that accused is not convicted of a property
offence involving dishonesty.

S.N.
PEETE

judge

16/12/04