Rex V Mats'eliso Tsoeliane (CRI/T/0069/2024) [2024] LSHC 244 (3 December 2024)

# Rex V Mats'eliso Tsoeliane (CRI/T/0069/2024) [2024] LSHC 244 (3 December 2024) [ __](https://api.whatsapp.com/send?text=https://lesotholii.org/akn/ls/judgment/lshc/2024/244/eng@2024-12-03) [ __](https://twitter.com/intent/tweet?text=https://lesotholii.org/akn/ls/judgment/lshc/2024/244/eng@2024-12-03) [ __](https://www.facebook.com/sharer/sharer.php?u=https://lesotholii.org/akn/ls/judgment/lshc/2024/244/eng@2024-12-03) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://lesotholii.org/akn/ls/judgment/lshc/2024/244/eng@2024-12-03) [ __](mailto:?subject=Take a look at this document from LesLII: Rex V Mats'eliso Tsoeliane \(CRI/T/0069/2024\) \[2024\] LSHC …&body=https://lesotholii.org/akn/ls/judgment/lshc/2024/244/eng@2024-12-03) [ Download PDF (215.9 KB) ](/akn/ls/judgment/lshc/2024/244/eng@2024-12-03/source) Report a problem __ * Share * [ Download PDF (215.9 KB) ](/akn/ls/judgment/lshc/2024/244/eng@2024-12-03/source) * * * * * Report a problem __ ##### Rex V Mats'eliso Tsoeliane (CRI/T/0069/2024) [2024] LSHC 244 (3 December 2024) Copy citation * __Document detail * __Related documents Citation Rex V Mats'eliso Tsoeliane (CRI/T/0069/2024) [2024] LSHC 244 (3 December 2024) Copy Media Neutral Citation [2024] LSHC 244 Copy Hearing date 3 December 2024 Court [High Court](/judgments/LSHC/) Case number CRI/T/0069/2024 Judges [Mokoko J](/judgments/all/?judges=Mokoko%20J) Judgment date 3 December 2024 Language English ##### __Collections * [Case indexes](/taxonomy/case-indexes) * [Refugees](/taxonomy/case-indexes/case-indexes-refugees) * [Criminal law](/taxonomy/case-indexes/case-indexes-refugees-criminal-law) * [Murder](/taxonomy/case-indexes/case-indexes-refugees-criminal-law-murder) Summary Read full summary * * * Skip to document content **IN THE HIGH COURT OF LESOTHO** **Held in Maseru** **CRI/T/0069/2024** In the matter between **REX CROWN** AND **MATS’ELISO TSOELIEANE ACCUSED** _Neutral Citation_ : Rex vs. Mats’eliso Tsoeliane [2024] LSHC 244 CRIM (03rd December 2024) **CORAM** : T.J. MOKOKO J **HEARD** : 03/12/2024 **DELIVERED** : 03/12/2024 **__SUMMARY__** **_Murder-_**_Accused pleaded guilty to culpable homicide- Crown accepted the accused’s plea- Application of provisions of section 240 (1) (a) of the Criminal Procedure and Evidence Act, 1981- Accused convicted of culpable homicide- Accused sentenced in terms of section 314 (1) of the Criminal Procedure and Evidence Act, 1981._ **__ANNOTATIONS__** __Statutes__ 1. _Criminal Procedure and Evidence Act, 1981_ 2. _Penal Code Act 2010_ **JUDGMENT** **Introduction** [1] The accused is charged with contravention of _section 40 (1) of thePenal Code Act 2010, read with section 40 (2)_. In that upon or about the 27th day of December 2022, and at or near Ha Moeketsi in the district of Berea, the said accused did perform an unlawful act or omission to cause the death of Toka Mosotho. [2] The accused person pleaded guilty to culpable homicide. The crown accepted her plea in terms of _section 240 (1) of the Criminal Procedure and Evidence Act, 1981 (Act)_. _Section 240 (1) of the Criminal Procedure and Evidence Act 1981_ provides that: “ _If a person charged with any offence before any court pleads guilty to that offence or to an offence of which he might be found guilty on that charge, and the prosecutor accepts that plea, the court may-_ 1. _if it is the High Court, and the person has pleaded guilty to any offence other than murder, bring in a verdict without hearing any evidence”._ **Brief Outline of Facts** [3] Although _section 240 (1) (a)_ lacks a detailed outline of the facts involved, the court directed the Crown Counsel to prepare a concise summary outlining the case's key facts. Advocate Mapesela, the Crown Counsel, explained the tragic events at a local bar. On that fateful night, the accused and the deceased were engaged in an evening of drinking, partaking in various intoxicating beverages. As the night wore on, tensions between the two escalated, leading to a heated conflict that drew the attention of other patrons. Despite the efforts of bystanders to intervene and defuse the situation, their attempts proved futile. During the altercation, the accused inflicted a fatal stab wound on the deceased. The chaos of the altercation left the accused with serious bodily injuries as well. [4] The accused was found guilty of culpable homicide. The Crown Counsel stated that the accused has no record of previous convictions. **Mitigation of Sentence** [5] In discussing the mitigation of the sentence, Advocate Masoabi, representing the defence, highlighted that the accused is a first-time offender. This fact speaks to her lack of prior legal troubles. Notably, she is also a mother of two children. Throughout the legal proceedings, the accused demonstrated a commitment to comply with the law by appearing in court consistently whenever summoned, reflecting her respect for the judicial process. [6] Advocate Masoabi noted that the accused did not attempt to interfere with the crown witnesses, instead showing a cooperative attitude towards the police during the investigation. This willingness to engage positively with law enforcement underscores her accountability. By pleading guilty to the charge of culpable homicide, she not only acknowledged her wrongdoing but also helped conserve the court's valuable time and resources. [7] With an expression of genuine remorse, the accused also indicated her desire to provide compensation to the family of the deceased. This gesture signifies her acknowledgement of the tragic consequences of the incident. It was stated that on the night of the unfortunate event, both she and the deceased had been consuming alcohol, which contributed to the circumstances surrounding the tragedy. To that end, the accused has proposed an amount of M15,000. 00 (Fifteen Thousand Maloti) as compensation for the loss experienced by the deceased’s family, further demonstrating her intention to make amends for her actions. The accused took it upon herself to gather essential groceries and even purchased a casket for the burial of the deceased, demonstrating a heartfelt gesture of responsibility. This act reflected her deep sense of remorse and recognition of the tragedy's gravity. **Aggravation of Sentence** [8] During the proceedings for the aggravation of the sentence, Advocate Mapesela argued that the court should impose a penalty that would serve as a strong deterrent for the accused and others who might consider committing similar offences. She emphasized the importance of sending a clear message to society: that conflicts and disputes should never be settled through acts of violence. Her plea highlighted the need for a sentence that reflects the severity of the actions and contributes to a broader understanding of the consequences of resorting to aggression. **Conclusion** [9] This court has come to the final stage of this trial, which is passing the appropriate sentence that will serve the interests of justice in this matter. In passing a sentence, this court must consider the interests of the accused, the nature of the offence and the interests of society. [10] Culpable homicide is a serious offence because a life has been lost. However, the sentence for culpable homicide should be less severe than the sentence for murder. In passing sentence in _casu_ , I have considered that the accused pleaded guilty to a lesser crime of culpable homicide. This is a sign that the accused is remorseful of her actions. I have further considered that the accused saved the court’s valuable time and scarce resources in pleading guilty. On a fateful night, both the accused and the deceased had been drinking alcohol the whole night and were, therefore, not in their sober minds. [11] This court has thoroughly examined the circumstances surrounding the incident, noting that the accused sustained severe bodily injuries during the altercation. In my assessment, the injuries she endured can be viewed as a form of punishment, reflecting the gravity of the confrontation. [12] Moreover, the court considered that the accused played a significant role in honouring the deceased by procuring groceries and arranging a casket. This gesture highlights the accused’s remorse for her actions, illustrating a deep-seated recognition of her behaviour's impact on the loss experienced by the bereaved family. [13] This court has considered that the appropriate sentence in this matter is provided in _section 314 (2) of the Criminal Procedure and Evidence Act, 1981_. It provides that: “ _Whenever a person is convicted before the High Court or any subordinate court of any offence other than an offence specified in Schedule III, the court may pass sentence, but order that the operation of the whole or any part thereof be suspended for a period not exceeding 3 years, which period of suspension, in the absence of any order to the contrary, shall be computed in accordance with sub-sections (3) and (4) respectively, and the order shall be subject to such conditions ( whether as to compensation to be made by that person for damage or pecuniary loss good conduct or otherwise) as the court may specify therein._ [14] **SCHEDULE III** provides that offence on conviction whereof the offender cannot be dealt with under section three hundred and fourteen. i. Murder. ii. Robbery. iii. Any conspiracy, incitement or attempt to commit any of the abovementioned offences. [15] Notably, culpable homicide is not one of the offences listed under **SCHEDULE III.** [16] The most appropriate sentence that will serve the interests of justice in this matter is the following. **ORDER** 1. The accused is sentenced to seven (7) years imprisonment, which is suspended for three (3) years on condition that the accused pays compensation to the deceased’s family in the sum of **Thirty Thousand Maloti (M30,000. 00).** 2. The payments shall be in monthly instalments of **Eight Hundred and Thirty-Five Maloti**(**M835. 00)** , effective 31 January 2025. 3. The accused shall pay at the Office of Chief Libe Masupha on or before the last day of each month. 4. The accused shall transmit proof of payments to the Sefikeng Police Post, which will then transmit it to the Office of the Registrar of the High Court. **________________________** **T.J. MOKOKO** **JUDGE** **FOR THE CROWN :** ADV. M. MAPESELA **FOR THE ACCUSED :** ADV. M. MASOABI #### __Related documents ▲ To the top >