R v Setlolela (Rev. Case No. 147/03 CR 1599/03 Rev. Order No. 15/03 )

Media Neutral Citation: 
[2003] LSHC 109
Judgment Date: 
1 October, 2003

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IN THE HIGH COURT OF LESOTHO


Matter Between:


REX

vs

'MAMPITI SETLOLELA


Review Case No. 147/03 CR 1599/03

Review Order No. 15/03 In the District of Maseru


ORDER ON REVIEW


1st October, 2003.


The accused appeared before the Maseru Magistrate with first class powers, charged with the crime of Culpable Homicide. The accused pleaded guilty and the Prosecutor accepted the plea. The outline of facts also disclosed the offence under which the accused was charged.


The Magistrate convicted the accused as charged and sentenced him to M1000 or in default of payment, to an imprisonment for a term of 12 months. The sentence was wholly suspended for a period of two years but with no conditions, should accused repeat the same offence and get convicted within that two year period.


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My point here is that this case ought not be to have been sent to this Court on automatic review, but since it is already before me, and on realising an omission if it is an omission, or an oversight on the part of the Magistrate, I sent the record back to her as she is just nearby, here in Maseru, to impose the necessary conditions. The suspension for a period of 2 years without imposing any conditions was therefore irregular.


The other aspect of this case as shown earlier on, that this case ought not to have been sent here is that, it would seem that when Order No.9 of 1988 dealing with Subordinate Courts matters, was amended by Act 6 of 1998, Section 66 of that Order 9 of 1988 was not affected. Section 66 deals with sentences for different classes of Magistrates which are subject to automatic review by the High Court.


The Section reads.


Sec. 66 (a)........................................................


  1. in a case of a Subordinate Court of the first class, a fine of M 1,800 and imprisonment for a period of 18 months; and


  1. ..............................................................................

On looking at (b) above it is clear that for a First Class Magistrate the sentence passed did not warrant the clerk of Court sending the case for review.


A. M. HLAJOANE

JUDGE


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CC: The Magistrate - Maseru

Chief Magistrate

O/C Police - Maseru

O/C Prisons - Maseru

O/C Headquarters - Maseru

Director of Prisons

Director of Public Prosecutions