Rex V Lekhanya (CRI/T/110/2022) [2023] LSHC 3 (16 March 2023)

Rex V Lekhanya (CRI/T/110/2022) [2023] LSHC 3 (16 March 2023)

The original sentence of 8 years was inappropriate as it failed to consider the aggravated circumstances of the offence, specifically the presence and psychological trauma to the survivor's children. A sentence of 25 years without the option of a fine is warranted to reflect the gravity of the offence and its broader impact.

Citation
[2023] LSHC 3
Parties
Applicant: Rex; Respondent: Seabata Lekhanya
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 March 2023 21 March 2023 16 March 2023
Case Number
CRI/T/110/2022
Procedural Posture
Criminal / Automatic Review of Sentence After Conviction
Outcome
Sentence enhanced on review
Legal Topics
Sexual Offences, Sentencing, Rape, Psychological Impact on Victims, Children as Witnesses
Source Language
English
Criminal Law Sexual Offences Sentencing Rape Psychological Impact on Victims Children as Witnesses

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 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Applicant

Seabata Lekhanya

Respondent

Procedural Posture

Criminal / Automatic Review of Sentence After Conviction

Legal Issues

  1. 1 Whether the sentence imposed for sexual assault was appropriate given the facts, including the presence of the survivor's children during the offence
  2. 2 Whether the court considered the psychological impact on both the survivor and her children

Ratio Decidendi

The original sentence of 8 years was inappropriate as it failed to consider the aggravated circumstances of the offence, specifically the presence and psychological trauma to the survivor's children. A sentence of 25 years without the option of a fine is warranted to reflect the gravity of the offence and its broader impact.

Court Disposition

Sentence enhanced on review

Orders

  • The sentence of 8 years imprisonment is set aside.
  • The accused is sentenced to 25 years imprisonment without the option of a fine.