Lesesa v R (CRI/A 29 of 2001) [2002] LSCA 31 (25 February 2002)

Lesesa v R (CRI/A 29 of 2001) [2002] LSCA 31 (25 February 2002)

The trial court erred by failing to consider the appellant's personal circumstances, specifically his status as a first offender, and imposed the statutory minimum without exercising discretion. The sentence was therefore altered to a lesser penalty.

Citation
[2002] LSCA 31
Parties
Appellant: Teboho Lesesa; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
25 February 2002
Case Number
CRI/A 29 of 2001
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal upheld; sentence reduced
Legal Topics
Sentencing, Firearms Offences
Source Language
English
Criminal Law Sentencing Firearms Offences

Case Brief

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Parties

Teboho Lesesa

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was excessively harsh given the appellant's status as a first offender and the statutory minimums.

Ratio Decidendi

The trial court erred by failing to consider the appellant's personal circumstances, specifically his status as a first offender, and imposed the statutory minimum without exercising discretion. The sentence was therefore altered to a lesser penalty.

Court Disposition

appeal upheld; sentence reduced

Orders

  • Sentence altered to one thousand maloti (M1000.00) or one year imprisonment.