Rex V Ndabe (CRI/S/0002/2022) [2022] LSHC 121 (16 June 2022)

Rex V Ndabe (CRI/S/0002/2022) [2022] LSHC 121 (16 June 2022)

Given the accused's awareness of his HIV positive status, the breach of trust as step-father, and the severe psychological and physical harm to the minor victim, a lengthy custodial sentence is warranted under Section 32(a)(vii) of the Sexual Offences Act. Mitigating factors were insufficient to avoid a long sentence but justified not imposing the death penalty.

Citation
[2022] LSHC 121
Parties
Prosecutor: Rex; Accused: Moeketsi Ndabe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 June 2022 21 September 2022 16 June 2022
Case Number
CRI/S/0002/2022
Procedural Posture
Criminal / Sentencing After Conviction and Committal From Magistrate Court
Outcome
Accused sentenced to thirty-five (35) years imprisonment, sentence to run from 8th August 2019, accounting for time already served in custody.
Legal Topics
Sexual Offences, Sentencing, HIV Transmission, Mitigating and Aggravating Factors
Source Language
English
Criminal Law Sexual Offences Sentencing HIV Transmission Mitigating and Aggravating Factors

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Parties

Rex

Prosecutor

Moeketsi Ndabe

Accused

Procedural Posture

Criminal / Sentencing After Conviction and Committal From Magistrate Court

Legal Issues

  1. 1 Appropriate sentence for sexual offence under Section 32(a)(vii) of the Sexual Offences Act where accused is HIV positive and aware of status
  2. 2 Consideration of mitigating and aggravating factors in sentencing for sexual offences against minors

Ratio Decidendi

Given the accused's awareness of his HIV positive status, the breach of trust as step-father, and the severe psychological and physical harm to the minor victim, a lengthy custodial sentence is warranted under Section 32(a)(vii) of the Sexual Offences Act. Mitigating factors were insufficient to avoid a long sentence but justified not imposing the death penalty.

Court Disposition

Accused sentenced to thirty-five (35) years imprisonment, sentence to run from 8th August 2019, accounting for time already served in custody.

Orders

  • Accused sentenced to 35 years imprisonment.
  • Sentence to run from 8th August 2019, accounting for 2 years, 9 months already served in custody.