R v Moloi (C.R. 135/99; Review Case 144/99) [2000] LSCA 47 (1 January 2000)
The sentence was reduced because the accused was a first offender, the injuries were moderate, and the complainant was treated as an out-patient, making the original sentence excessive.
Source-derived case information.
- Citation
- [2000] LSCA 47
- Parties
- Prosecution: Rex; Accused: Tankiso Moloi
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- C.R. 135/99 ; Review Case 144/99
- Procedural Posture
- Criminal Review / Review Order
- Outcome
- sentence reduced
- Legal Topics
- Sentencing, Assault, Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Tankiso Moloi
Accused
Procedural Posture
Criminal Review / Review Order
Legal Issues
- 1 Whether the sentence imposed was excessive in the circumstances
Ratio Decidendi
The sentence was reduced because the accused was a first offender, the injuries were moderate, and the complainant was treated as an out-patient, making the original sentence excessive.
Court Disposition
sentence reduced
Orders
- Sentence reduced to four years imprisonment without option of a fine from eight years without option of a fine.
Full Case Text
Judgment text and source record
1 paragraphs
IN T HE H I GH C O U RT OF L E S O T HO In the matter of: R EX v T A N K I SO M O L OI Review Case No. 144/99 Review Order No. 1 /99 C. R. 135/99 In Mohale's Hoek District O R D ER ON R E V I EW This has come before me on automatic review and I certified that the proceedings were substantially in accordance with real and substantial justice. But the sentence was too harsh and excessive in the circumstances. It was Considered that Accused was a first offender, the injuries were moderate and complainant was merely treated as an out-patient. Assault although done with intention to do grievous bodily harm and unprovoked it did not call for highest sentence the learned magistrate felt he could impose. Sentence accordingly reduced to four (4) years imprisonment without option of a fine from eight (8) years without option of a fine. T. M O N A P A T HI J U D GE 8th November 1999 C C: Magistrate Mohale's Hoek Mohale's Hoek O /C Police O /C Prisons Mohale's Hoek O /C Central Prison C. I. D. Police Headquarters Director of Prisons Director of Public Prosecutions All Magistrates All Public Prosecutors