R v Rathakholi (CR 42; Rev/Case) [2014] LSHC 70 (26 July 2014)

R v Rathakholi (CR 42; Rev/Case) [2014] LSHC 70 (26 July 2014)

The prescribed minimum sentence of 10 years imprisonment was disproportionate to the gravity and circumstances of the offence, which involved repeated rape of a minor by her father over three years resulting in pregnancy. A higher sentence is justified to reflect the seriousness of the crime and societal interests.

Citation
[2014] LSHC 70
Parties
Prosecution: Rex; Accused: Rathakholi Rathakholi
Court
High Court
Jurisdiction
Lesotho
Judgment Date
26 July 2014
Case Number
CR 42 ; Rev/Case
Procedural Posture
Criminal / Automatic Review of Sentence
Outcome
sentence increased on review
Legal Topics
Rape, Sexual Offences, Sentencing, Incest
Source Language
English
Criminal Law Rape Sexual Offences Sentencing Incest

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Parties

Rex

Prosecution

Rathakholi Rathakholi

Accused

Procedural Posture

Criminal / Automatic Review of Sentence

Legal Issues

  1. 1 Whether the prescribed minimum sentence of 10 years imprisonment was proportionate to the offence committed
  2. 2 What factors should be considered in sentencing for repeated rape of a minor by her father

Ratio Decidendi

The prescribed minimum sentence of 10 years imprisonment was disproportionate to the gravity and circumstances of the offence, which involved repeated rape of a minor by her father over three years resulting in pregnancy. A higher sentence is justified to reflect the seriousness of the crime and societal interests.

Court Disposition

sentence increased on review

Orders

  • The sentence of 10 years imprisonment is set aside and substituted with a sentence of 20 years imprisonment.
  • The court a quo is directed to immediately have the accused brought before it to be informed of this alteration to his sentence.