R v Malake (Rev. Case No.:234/04 CR 119/03 Rev. Order No.:25/04 )

Media Neutral Citation: 
[2004] LSHC 158
Judgment Date: 
16 December, 2004

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IN THE HIGH COURT OF LESOTHO

In the matter between:-

REX

vs

TAHLEHO MALAKE


Review Case No.:234/04 CR 119/03

Review Order No.:25/04 Mafeteng District


REVIEW ORDER


On 15/04/03 before the Mafeteng Subordinate Court the accused was found guilty of housebreaking with intent to steal and theft. She had pleaded guilty to the charge.


The outline of facts revealed that on the 5/3/03 accused had broken into the house of 'Mathapelo Kolisang and stole several household items and clothing.


2


She admitted responsibility and facts as stated by the prosecutors. She has no previous convictions and is a young married mother aged 25 with three children aged 9, 5, and 3.


The sentence of fifteen years without an option of fine is shockingly inappropriate to the circumstances of the case.


Today I heard Mr Mokuku for the crown who concedes that sentence of 15 years is too severe and having heard accused Tahleo Malake explain her circumstances, sentence is quashed and substituted with the following: 4 years imprisonment without fine wholly suspended for three years on condition that accused is not convicted of a property offence involving dishonesty.


S.N. PEETE

judge

16/12/04