Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022)

1 CRI/T/0088/2017 IN THE HIGH COURT OF LESOTHO HELD AT MASERU In the matter between:- REX vs LEBOHANG MOSOEU JUDGMENT ON SENTENCE Neutral Citation: Rex vs Lebohang Mosoeu (CRT/T/0088/2017) [2022] LSHC 18 CORAM DATE ON JUDGMENT : : HON. T. MATOOANE, ACTING JUDGE 9TH FEBRUARY 2022 The accused person tendered a plea culpable homicide which was accepted by the Crown in terms of 2 Section 240 (1) (a) of the Criminal Procedure and Evidence Act 1981 as amended. The Court finds the accused guilty of culpable homicide accordingly. In mitigation of sentence a number of factors were raised by the counsel for the defense which interalia included the following. (a) That the accused was a first offender; (b) He showed remorse by pleading guilty to the charge; (c) He has always attended court when required to do so; (d) He is a family man with two minor children who relies solely on him as a breadwinner; (e) The crime occurred at the spur of a moment, there was no bad blood between the parties who were close neighbours before the incident; (f) He contributed to the burial of the deceased with the cow which was slaughtered customary at the funeral and the coffin which was used to bury the deceased; (g) He is prepared “raise the head of the deceased” customarily by contributing M15,000.00. On the other hand, the Crown argued that the deceased had a wife and a young child and that the sentence must be deterrent in nature. The accused is sentenced to 6 (six) years in prison. However the whole sentenced in suspended for three years. Meaning that the accused should not commit a crime which violence is a component. Within this period. The accused is ordered to pay compensation of M15,000.00 (fifteen thousand Maloti) as agreed with the Crown within a period of the years. My Assessors agree. T. MATOOANE, ACTING JUDGE For Crown For Defence : : Mr T. Fuma Mr Masoabi