R v Mathaba (CRI/A 42 of 80) [1980] LSHC 70 (1 December 1980)

R v Mathaba (CRI/A 42 of 80) [1980] LSHC 70 (1 December 1980)

Given the unusual and mitigating circumstances, justice required that the appellant serve no more than one year substantive imprisonment for culpable homicide, with the remainder of the sentence suspended on conditions.

Citation
[1980] LSHC 70
Parties
Appellant: Lisema Mathaba; Respondent: Rex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
1 December 1980
Case Number
CRI/A 42 of 80
Procedural Posture
Criminal Appeal / Sentence Appeal Out of Time
Outcome
sentence varied
Legal Topics
Culpable Homicide, Unlawful Possession of Firearm, Sentencing, Suspension of Sentence
Source Language
English
Criminal Law Culpable Homicide Unlawful Possession of Firearm Sentencing Suspension of Sentence

Case Brief

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Parties

Lisema Mathaba

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal Out of Time

Legal Issues

  1. 1 Whether the sentence for culpable homicide was excessive given the mitigating circumstances
  2. 2 Whether the sentence for unlawful possession of a revolver was appropriate

Ratio Decidendi

Given the unusual and mitigating circumstances, justice required that the appellant serve no more than one year substantive imprisonment for culpable homicide, with the remainder of the sentence suspended on conditions.

Court Disposition

sentence varied

Orders

  • Sentence on count 1 (culpable homicide) altered to three years imprisonment, two years suspended for three years on condition of no conviction for a crime of violence involving a firearm during suspension period.
  • Fine on count 2 (unlawful possession of revolver) reduced to M50, with default provisions under s.298(2) and s.299 of the Criminal Procedure and Evidence Proclamation.