Khutlisi v R (C of A (CRI) 5 of 1989) [1990] LSCA 23 (26 January 1990)

Khutlisi v R (C of A (CRI) 5 of 1989) [1990] LSCA 23 (26 January 1990)

The sentence of six years' imprisonment for the rape of a 78-year-old woman by a 19-year-old first offender was not excessive or inappropriate given the brutality and seriousness of the offence. There was no evidence of procedural irregularity or failure to inform the appellant of his rights that would vitiate the conviction or sentence.

Citation
[1990] LSCA 23
Parties
Appellant: Phomolo Khutlisi; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
26 January 1990
Case Number
C of A (CRI) 5 of 1989
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Sentencing, Right to Legal Representation, Procedural Fairness
Source Language
English
Criminal Law Rape Sentencing Right to Legal Representation Procedural Fairness

Case Brief

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Parties

Phomolo Khutlisi

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed was excessive and warranted interference on appeal
  2. 2 Whether the appellant's rights to legal representation were violated
  3. 3 Whether procedural irregularities occurred during trial and sentencing

Ratio Decidendi

The sentence of six years' imprisonment for the rape of a 78-year-old woman by a 19-year-old first offender was not excessive or inappropriate given the brutality and seriousness of the offence. There was no evidence of procedural irregularity or failure to inform the appellant of his rights that would vitiate the conviction or sentence.

Court Disposition

appeal dismissed