R v Hanyane and Others (CRI/S 11 of 86) [1986] LSCA 155 (1 December 1986)

CRI/S/11/86 IN T HE HIGH COURT OF LESOTHO In t he matter of : R E X vs HANYANE HANYANE TLALI HLOSI MOHLAOLI MOLAI J U D G M E NT Delivered by t he honourable Acting Chief Justice M r, Justice J . L Kheola on t he 1st day of December, 1986. The accused w e re charged with t he offence of stock theft it being alleged that between t he 1st and t he 23rd July, 1986 and at or near Tsoelike cattle post in t he district of Thaba-Tseka, t he said accused did o ne or all or o t h er of them unlawfully and intentionally steal eighteen (18) sheep t he property or in t he lawful possession of Tsokolo Monyane. They pleaded n ot guilty to t he charge b ut were convicted and committed to t he High Court for sentence. T he trial court did n ot give any reasons why it found it necessary to follow this procedure. There w as altogether no reason why t he learned magistrate committed t he accused in custody to the High Court f or sentence. T he accused are herdboys of hardly twenty-years of a ge and w e re all first offenders. / -2- Did t he magistrate honestly and judicially think that any court acting reasonably would sentence such y o u t hs to anything m o re than twelve (12) m o n t h s' imprisonment which is t he maximum of his jurisdiction? I doubt very m u c h. The evidence against the accused was that during July, 1986 the complainant discovered that eighteen (18) of his sheep w e re missing. He and two of his companions (Tsokolo Monyane (P. W.2) and Tabi Monyane (P. W.3) launched a search for t he missing sheep. They followed a spoor leading to Mantsonyane area. On t he way they found three dead sheep at a place called Likorolo and vultures w e re feeding on them. At Likomiking they got a clue as to t he whereabouts of the missing sheep. On t he following day they arrived at t he cattle post of accused 1 at sunrise. They immediately identified some of the missing sheep amongst accused 1's sheep. At that moment the three accused came out of the cattle post hut and took to their heels as soon as they saw the complainant and his companions. The accused scattered in different directions. The search party chased accused 1 and caught him. They brought him back to t he cattle p o st and he pointed out five of the missing sheep and explained that some of the sheep were at the cattle post of accused 2. The other two accused were arrested and taken to t h e ir respective cattle p o s t s. Accused 2 pointed o ut four of the missing sheep and only one sheep was found at the cattle post of accused 3. The defence of the accused w as a complete denial that any of the stolen sheep w e re found at t h e ir respective cattle posts. A f t er a careful analysis of t he evidence the learned magistrate rejected t he evidence of the accused and found them guilty as charged. / - - I have no quarrel with that finding because there was overwhelming evidence against the accused. I am satisfied from the record of the accuseds' guilt and find them guilty as charged. In their statements in mitigation of sentence the accused pointed out that they have steep of their own and asked the Court to give them a fine. SENTENCE:- M150-00 or six (6) months' imprisonment each. J. L. KHEOLA ACTING CHIEF JUSTICE. 5th January, 1987. For Crown - Miss Moruthoane For Defence - In person.