Mongali v Director of Public Prosecutions (CRI/APN 246 of 13) [2013] LSHC 90 (19 September 2013)

Mongali v Director of Public Prosecutions (CRI/APN 246 of 13) [2013] LSHC 90 (19 September 2013)

The Magistrate's decision to order the 15-year sentence to run consecutively with other sentences was procedurally and substantively defective because counsel was not invited to address the court and no reasons were provided for the choice of consecutive sentences. The order for consecutive sentences was set aside and replaced with an order for concurrent sentences.

Citation
[2013] LSHC 90
Parties
Applicant: Motlaloe Mongali; Respondent: Director of Public Prosecutions
Court
High Court
Jurisdiction
Lesotho
Judgment Date
19 September 2013
Case Number
CRI/APN 246 of 13
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Consecutive and Concurrent Sentences, Sentencing Discretion, Procedural Fairness
Source Language
English
Criminal Law Sentencing Consecutive and Concurrent Sentences Sentencing Discretion Procedural Fairness

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Parties

Motlaloe Mongali

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the Magistrate erred in ordering the 15-year sentence to run consecutively with other sentences without inviting counsel to address the court
  2. 2 Whether the Magistrate provided sufficient reasons for imposing consecutive sentences

Ratio Decidendi

The Magistrate's decision to order the 15-year sentence to run consecutively with other sentences was procedurally and substantively defective because counsel was not invited to address the court and no reasons were provided for the choice of consecutive sentences. The order for consecutive sentences was set aside and replaced with an order for concurrent sentences.

Court Disposition

Appeal allowed in part

Orders

  • Order for sentences to run consecutively set aside
  • Sentences to operate concurrently