R v Nthungoa and Another (CRI/A 78 of 79; CRI/A 79 of 79) [1980] LSHC 11 (6 February 1980)

R v Nthungoa and Another (CRI/A 78 of 79; CRI/A 79 of 79) [1980] LSHC 11 (6 February 1980)

The sentences imposed by the magistrate were too severe given the mitigating factors and lack of prior convictions; the High Court substituted a lesser sentence and noted the mandatory nature of forfeiture under the law.

Citation
[1980] LSHC 11
Parties
Appellant: Thabo Hthungoa; Appellant: Seargent Zini; Respondent: Rex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
6 February 1980
Case Number
CRI/A 78 of 79 ; CRI/A 79 of 79
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part; sentence varied
Legal Topics
Sentencing, Dangerous Drugs, Appeal Procedure
Source Language
English
Criminal Law Sentencing Dangerous Drugs Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Thabo Hthungoa

Appellant

Seargent Zini

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed for dealing in dagga was appropriate and exercised judicially
  2. 2 Whether the magistrate failed to consider relevant mitigating factors
  3. 3 Whether there was a failure to order forfeiture as required by law

Ratio Decidendi

The sentences imposed by the magistrate were too severe given the mitigating factors and lack of prior convictions; the High Court substituted a lesser sentence and noted the mandatory nature of forfeiture under the law.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • Sentence of each appellant set aside and substituted with R200 fine or 7 months imprisonment from date of conviction.
  • Attention drawn to the mandatory requirement for forfeiture under section 26 of the Dangerous Medicines Act.