CRI/S/6/2007
CRI/T/77/2007

District:
Mafeteng

IN THE
HIGH COURT OF LESOTHO

In the
matter between:-

REX

Vs

TANKISO
MOKHETHI

JUDGMENT

Delivered
by the Hon. Mrs Justice A. M. Hlajoane on 13^th April.
2007.

The
matter came before me on committal for sentence by the High Court in
terms of Section 293 (1) of the Criminal Procedure and
Evidence Act 7
of 1981.

According
to the charge sheet the accused was charged under the Sexual Offences
Act 3 of 2003 for Contravention of Section 8 (1)
of that Act. He had
pleaded guilty to the charge and was thus found guilty as charged.

2

In
dealing with the matter the Crown rightly assisted the Court in
showing that in fact the framing of the charge ought to have

reflected that Section 8 (1) had to be read together with Section 32
(vi) of the Act. The outline of facts had also revealed that
the
accused had had sex with the complainant, a eleven year old girl on
some other previous occasion. The Crown chose to omit that
part as
the complainant herself never said that in her statement. That only
came from complainant's grandmother 'Matlhokomelo Mokhethi.

The
accused was also asked to say something before sentence was passed on
him. Accused responded by showing that though the charge
sheet had
shown that he was a mosotho male adult aged 21 years, he was only
born in 1991 and therefore only 16 years old.

In fact
the Accused looked much younger that the 21 years reflected on the
charge sheet. He looked 16 years old and the Crown also
felt the same
way. Accused further showed that he only went up to standard 4 at
school.

In
considering the appropriate sentence the Court took into account the
age of the Accused during the commission of the sentence,
so

3

that the
relevant Section to be read with Section 8 (1) under the
circumstances would be Section 33 (1) of the Act.

The
Accused to be committed to Juvenile Training Centre for reform till
he attains the required age.

1. M.
   HLAJOANE

   
   

JUDGE

For
Crown: Ms Ngcobo

For
Defence: In Person