HIGH COURT OF LESOTHO
Case No. 160/2005 CR 1091 /2005
Order No. 24/2005 In the Maseru District
ORDER 6th JULY 2005
was sent to the High Court on automatic review.
accused appeared before the Maseru Magistrates' Court on the 23rd May
appeared before a first class magistrate and was charged with two
counts of assault with intent to do grievous bodily harm.
alleged incident is said to have occurred at or near Ha Letele in the
district of Maseru; upon or about the 4th May 2005.
complainants are: In count I, Makoanyane Letele and in count II
complainants were assaulted by the accused when they went to impound
some cattle which were grazing at the reserved pasture.
accused was ultimately charged, convicted and sentenced.
learned magistrate did, at the end of the day impose a global
sentence on all the two counts.
charge sheet reads, "Guilty as charged."
M3,000.00 or three years in prison.
clearly wrong. This I say with the greatest respect to the learned
magistrate. He should have imposed a sentence on each
count and then
say whether or not sentences are to run concurrently or
foregoing reasons, this court declines to certify the annexed
proceedings as being in accordance with real and substantial
trite law that in review proceedings "the Judge may:-
or reverse the conviction or increase or reduce or vary the sentence
of the court which imposed punishment."
Lehohla A.J. (as he then was) in Rex V Thabiso Makhaba.
result I alter the conviction to read "guilty as charged in both
accordingly also varied to read "Ml,500.00 or one and half years
on each count.
are to run concurrently.
learned magistrate bring this order to the attention of the accused
and also have the committal warrant for the accused
varied or amended; as the case may be.
All Public Prosecutors
O/C Police Maseru
O/C Prison Maseru
CID - Maseru
Director of Public Prosecutions
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