R v Leteka (CRI/S 4 of 89) [1989] LSCA 46 (28 April 1989)

CRI/S/4/89 IN _ T_H_E_ H_I_G H _C_O U R_T_ O F_ _L_E S O T H O In the matter of: R EX v LEFU LETEKA Before the Honourable the Chief Justice Mr. Justice B. P. Cullinan on the 28th day of April 1989 For the Crown : Mr. S. Mdhluli Director of Public Prosecutions For the Accused : In Person J U D G M E NT The accused was convicted by t he S u b o r d i n a te Court of the First Class for the M a s e ru District of r a p e. The accused admitted sexual i n t e r c o u r se with the s i x t e e n - y e a r - o ld c o m p l a i n a n t, stating that she had c o n s e n t e d. She h a d, h o w e v e r, m a de a c o m p l a i nt to her m o t h er which e s t a b l i s h ed the c o n s i s t e n cy of her e v i d e n c e, as the learned trial M a g i s t r a te o b s e r v e d. F u r t h e r, t he medical e v i d e n ce c o r r o b o r a t ed the c o m p l a i n t 's e v i d e n ce of n o n - c o n s e n t; As for the a c c u s e d, he m a de 'a n u m b er of d a m a g i ng a d m i s s i o ns under c r o s s - e x a m i n a t i o n. I c o n s i d er that the learned trial M a g i s t r a te was fully justifed in accepting the c o m p l a i n a n t 's . e v i d e n ce and rejecting the a c c u s e d 's e v i d e n ce as not being r e a s o n a b ly t r u e. I find t he p r o c e e d i n gs to be in a c c o r d a n ce - 2- with real and substantial justice and the conviction is accordingly confirmed. The trial took place on the 23rd of June, 1988. The learned trial Magistrate's Jurisdiction in the matter of sentence at the time was a punishment of two y e a r s' imprisonment. She considered her sentencing powers inadequate, and after considering a number of a u t h o r i t i e s, for very full reasons committed the accused for sentence to this Court. The accused is aged twenty-seven y e a r s .. He is a first o f f e n d e r. The complainant was aged about sixteen y e a r s, h o w e v e r. Nonetheless, the minimum of force was used and I do not consider this in all the circumstances to be a bad case of r a p e. The accused has now been in prison for ten m o n t h s. Under the circumstances I sentence him to five y e a r s' imprisonment with effect from 23rd of June, 1988, the date of his conviction in the Court below. Delivered at Maseru This 28th day of A p r i l, 1989. (B. P. CULLINAN) CHIEF JUSTICE