Rex v Ndabe (CRI/S/0002/2022) [2022] LSHC 236 (16 June 2022)

Rex v Ndabe (CRI/S/0002/2022) [2022] LSHC 236 (16 June 2022)

Given the accused's awareness of his HIV-positive status, the breach of trust as step-father, the age of the victim, and the severe psychological harm caused, a sentence of thirty-five years imprisonment is appropriate, with time in custody awaiting sentencing to be considered.

Citation
[2022] LSHC 236
Parties
Prosecutor: Rex; Accused: Moeketsi Ndabe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 June 2022
Case Number
CRI/S/0002/2022
Procedural Posture
Criminal / Sentencing After Conviction and Committal From Magistrate Court
Outcome
Accused sentenced to thirty-five (35) years imprisonment, sentence to run from 8th August 2019, considering time already served in custody.
Legal Topics
Sexual Offences, Sentencing, Mitigating and Aggravating Factors, HIV Transmission, Child Protection
Source Language
English
Criminal Law Sexual Offences Sentencing Mitigating and Aggravating Factors HIV Transmission Child Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Prosecutor

Moeketsi Ndabe

Accused

Procedural Posture

Criminal / Sentencing After Conviction and Committal From Magistrate Court

Legal Issues

  1. 1 Appropriate sentence for sexual offence committed by HIV-positive accused against a minor under Section 32(a)(vii) of the Sexual Offences Act 2003
  2. 2 Consideration of mitigating and aggravating factors in sentencing for sexual offences involving children

Ratio Decidendi

Given the accused's awareness of his HIV-positive status, the breach of trust as step-father, the age of the victim, and the severe psychological harm caused, a sentence of thirty-five years imprisonment is appropriate, with time in custody awaiting sentencing to be considered.

Court Disposition

Accused sentenced to thirty-five (35) years imprisonment, sentence to run from 8th August 2019, considering time already served in custody.

Orders

  • Accused sentenced to thirty-five (35) years imprisonment.
  • Sentence to run from 8th August 2019, accounting for two years, nine months already served in custody.