R v Molise (CRI/T/145/01 )

Case No: 
CRI/T/145/01
Media Neutral Citation: 
[2003] LSHC 60
Judgment Date: 
27 May, 2003

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CRI/T/145/01

IN THE HIGH COURT OF LESOTHO


In the matter between:-

REX

vs

MOHAI NTSASA SETABELE MOLISE


JUDGMENT


CORAM : HON. MR JUSTICE S.N. PEETE

DATE : 27th MAY, 2003


The accused was originally charged with the, crime of murder it being alleged that on the 4th day of September 2000 at or near Rothe in the district of Maseru the accused did one or other or both of them did unlawfully and intentionally kill one Komoto Mothobi.


The accused No.l then tendered a plea of "guilty to assault common" which plea the crown accepted.


2


The crown then outlined its facts and informed the court that on the day in question the accused was seen hitting the deceased with a lebetlela stick while Setabele Molise hit Malebohang Ntsasa, who was alleged to be having an illicit love affair with Komoto Mothobi.


There was no direct evidence that this assault caused the death of the deceased. With such insufficient evidence, a verdict of murder or culpable homicide could not be sustained under the circumstances. This matter being on summary trial under section 144 of the Criminal Procedure and Evidence Act of 1981, this court solely had to rely upon the outline made by the Crown Counsel.


Verdict : Guilty to assault common.


Crown: No previous convictions.


Sentence: One year imprisonment wholly suspended for three years

on condition that during that period the accused is not convicted of an offence involving violence to person for which he is sentenced to an imprisonment of six months or more without an option of a fine.


S.N. PEETE

JUDGE


For Crown : Ms Sello

For Defence : Mr Molapo