R v Mosili & Others (CRI/T 81 of 2000) [2001] LSCA 44 (23 August 2001)

IN H I GH C O U RT OF L E S O T HO CRI/T/81/2000 In the matter of: R EX vs 1. P O S H O LI P H E E L LO M O S I LI R A M A L E F A NE 2. M O N T S 'O 3. R E E N T S E NG J A C K S ON P H A L A LI 4. T S ' I U M O P E LI 5. LIN L I NG R EN 6. T H A BO L E K H O OA 7. T H A TO M O S I LI R E A S O NS F OR J U D G M E NT Delivered by the Honourable Mr Justice W CM Maqutu on the 23rd day of August, 2001 These are the reasons for sentence. I was completely unimpressed by Mr Ntlhoki's argument that you the Accused had families etc, etc. But Mr Ntlhoki did his best for you, for that I commend him. You killed deceased who had a young wife, a daughter and a pregnant wife therefore I really don't feel such arguments help you at all. Telling us your families will suffer in this and that way seems to be flippant in the circumstances. Remember this poor young woman had even to remarry she came to give evidence after marrying someone else. N ow these children of the deceased are now going to live with a man who is not their father and who might love them as much as his own children. Of course they may be lucky that new husband may love them. But all I am trying to drive home is that you should realise you have done a horrible thing. Mr Ntlhoki talked of retribution. Retribution is trying to punish you in the same way that you have wronged the Society. Look you killed a man, you don't really deserve to live you know you are very lucky that extenuating circumstances have been found. Accused 1,2, and 3 you are each and everyone of you Sentenced to 35 years of Imprisonment for both the Murder and the Robbery I am not going to give different sentences, I am going to give one for both because they are virtually one transaction. So your sentenced is 35 Years Imprisonment for both Murder and Robbery collectively. As for you Accused four, well, you fell for temptation after being a good citizen for many years and probably an exemplary chief. So I will take this into account but remember this selling of people's vehicles that are stolen is a very serious crime. Just imagine a person paying for a vehicle like that one about M130,000-00 to M 140,000.00, and someone just steals it, and goes and sell it for M12,000.00 . You were involved in this type of mischief at your age, you should be ashamed of yourself. I will therefore sentence you to three Years (3yrs) Imprisonment. W . C . M A Q U TU J U D GE