CRI/T/77/2000

IN THE
HIGH COURT OF LESOTHO

In the
matters between:-

REX

vs

NYOKOLE
MORAKE

JUDGMENT

CORAM :
HON. MR JUSTICE S.N. PEETE

DATE :
4th FEBRAURY 2004

The
accused, a male mosotho adult aged sixty eight (68) years, appears
before this court facing a charge of murder it being alleged
that on
the 28 December 1996 he unlawfully and intentionally killed one
Letlafuoa Tota.

The
accused pleaded guilty to culpable homicide and this plea was
accepted by the crown.

2

In
narrating the facts, the Crown Attorney Mrs Maqutu-Moorosi informed
the Court that on the 28th December 1996 there was a traditional

feast at the home of one Joshuoa Mochesane. In the late afternoon,
trouble erupted between the accused and the deceased - his
nephew-over a paltry debt of M2.00. Despite intervention by other
villagers, the accused is alleged to have stabbed the deceased
with a
metal rod - "kepi".

The
deceased was then transported to Motebang Hospital where he died five
days later. According to the post-mortem report the cause
of death
was due to "injury to the left lung and heart".

It was
also noted that the accused had surrendered himself to the police and
made an explanation on the 6th Janaury.

The court
accordingly returned a verdict of "guilty to culpable homicide"
in terms of section 240 of Criminal Procedure
and Evidence Act of
1981.

The Crown
then informed the court that the accused had no previous convictions.

In
mitigation Ms Mahase then submitted that the accused was a first
offender and beyond the prime of his life and that he had shown

remorse by surrendering himself to the police and reconciling with
the family of the deceased - in fact he has pledged his one
and only
field for their use. She further informed the court that the accused
is nursing his terminally ill wife.

Sentence:
Imprisonment not appropriate in this case.

3

Accused
is sentenced to:-

Four
years imprisonment wholly suspended for three years on condition that
the accused is not convicted during that period for an
offence
involving violence to person for which he is sentenced to term of
imprisonment of six months or above without an option
of a fine.

S.N.
PEETE

JUDGE

For Crown
: Mrs Maqutu-Moorosi

For
Accused : Ms Mahase