R v Nchoela (CRI/T 43 of 91) [1991] LSCA 132 (22 October 1991)

-1- CRI/T/43/91 IN THE HIGH COURT OF LESOTHO. In the Matter of : R EX v. TSOTANG LEBOHANG NCHOELA J U D G M E NT Delivered by the Hon. Mr. Justice B. K. Molai on the 22nd day of October. 1991, The accused has appeared before me on a charge of murder, it being alleged that on or about 4th April, 1990 and at or near Ha Tsautse, in the district of Maseru, he unlawfully and intentionally killed 'Manthati Fokase. When the charge was put to him the accused pleaded guilty to culpable Homicide, The crown counsel accepted the plea tendered by the accused. It is significant that Section 240 of the Criminal Procedure and Evidence Act. 1981 provides, in part: -2- "240 (1) If a person charged with any offence before any court pleads guilty to that offence or to an offence of which he might be found guilty on that charge, and the prosecutor accepts that plea the court may - (a) if it is the High Court, and the person has pleaded guilty any offence other than murder bring in a verdict without " hearing any evidence In the instant case the accused, who is charged with murder has pleaded guilty to culpable Homicide which is an offence of which a person charged with murder may be convicted. The Crown counsel has accepted the plea of guilty to culpable Homicide tendered by the accused. On the authority of the above cited section 240 (1) (a) of the Criminal Procedure and Evidence Act, supra the High Court is empowered to return a verdict without hearing any evidence at all. In the circumstances of this case I find the accused guilty of culpable Homicide on his own plea. Both my assessors agree. SENTENCE The crown counsel has informed the court that the accused has no record of previous convictions. The court has also been invited to consider a number of factors in mitigation of the accused's sentence. They have been eloquently enumerated -3- by the defence counsel. There is, therefore, no need for me to go over them again, suffice it to say they have all been taken into account in assessing what sentence will be appropriate to the accused person. I was, however, some what concerned by the fact that the accused, a young man of about 24 years old was in love with the deceased, an old woman of about 45 years old who was, therefore, old enough to be his mother. The accused was so jealous of the old lady that he was prepared to stab her to death for merely talking to another man. It must be brought home to accused, and people of his mind, that if he thought the deceased had wronged him, his was to bring her to court where justice would be done. He simply had no right to take the law into his own hands and kill the deceased. I would sentence the accused to 6 years imprisonment half of which is suspended for 3 years on condition that he is not, during the period of suspension convicted of any offence involving violence on other persons and for which conviction he is sentence to serve a term of imprisonment without an option of a fine. -4- B. K. MOLAI JUDGE 22nd October, 1991. For Crown : Mr. Lenono For Defence: Mr. Drametu.