IN THE
HIGH COURT OF LESOTHO

In the
matter between:-

REX

and

RAPUTSOE
LIBETE

Review
Case No.259/05 CR 1870/05

Review
Order No. 19/05 In Maseru District

ORDER ON
REVIEW

[1] The accused is a 75 years old mosotho man of headman Sebake
Moshoeshoe under the principality of Matsieng. On the 20 September

2005 he appeared before the Maseru Subordinate Court charged with
child molestation under section 8 (1) of the Sexual Offences
Act no.3
of 2003 it being alleged that on the 17th September 2003 he had
intentionally committed a sexual act with a child Nthati
Motlomelo
aged 3 years by exposing or displaying his genital organs.

[2] To this charge the old man had pleaded guilty and the crown
outlined the fact of the case - showing that on the 17th September

2005 one

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Kemane Moshoeshoe - aged 14 and Malitsie Moshoeshoe had found Nthabi
Motlomelo lying on the bed in accused's house and the accused
was
standing next to her with his private parts protruding out of his
pants but immediately had put them back when the two girls
entered
the house.

[3] The accused accepted this outline and was found guilty as
charged. He had no previous convictions and in mitigation he stated

"I pray that the court be lenient with me because I am a first
offender. I have no wife. I have children who stay at their
different
places."

[4] In imposing three years without an option of a fine, the learned
magistrate reasoned that the offence of sexual molestation
is a
serious social problem and that the tender age of the child and
traumatic consequences thereof justified a three year imprisonment.

[5] The offence committed by the accused is indeed a serious one in
that an old man of 75 molested a very young child. The accused
has
demonstrated remorse in pleading guilty; he is a first offender who
has belatedly brushed with the law in sunset of his life.
To imprison
the accused of his age would serve no humanitarian purpose.

[6] Under section 32(a)(i) of the Sexual Offences Act, whilst the
court has discretion to "impose any appropriate sentence",

I am not

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convinced that imprisonment is appropriate. I therefore alter the
sentence to be as follows:-

"Three years imprisonment wholly suspended for three years on
condition that the accused is not convicted of an offence under
the
Sexual Offences Act"

The
accused shall be summoned to be informed of this order.

S.N.
PEETE

JUDGE

23rd
OCTOBER, 2005.