Rex V Thato Shale (CRI/T/0038/2024) [2024] LSHC 183 (17 September 2024)

# Rex V Thato Shale (CRI/T/0038/2024) [2024] LSHC 183 (17 September 2024) [ __](https://api.whatsapp.com/send?text=https://lesotholii.org/akn/ls/judgment/lshc/2024/183/eng@2024-09-17) [ __](https://twitter.com/intent/tweet?text=https://lesotholii.org/akn/ls/judgment/lshc/2024/183/eng@2024-09-17) [ __](https://www.facebook.com/sharer/sharer.php?u=https://lesotholii.org/akn/ls/judgment/lshc/2024/183/eng@2024-09-17) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://lesotholii.org/akn/ls/judgment/lshc/2024/183/eng@2024-09-17) [ __](mailto:?subject=Take a look at this document from LesLII: Rex V Thato Shale \(CRI/T/0038/2024\) \[2024\] LSHC …&body=https://lesotholii.org/akn/ls/judgment/lshc/2024/183/eng@2024-09-17) [ Download PDF (233.5 KB) ](/akn/ls/judgment/lshc/2024/183/eng@2024-09-17/source) Report a problem __ * Share * [ Download PDF (233.5 KB) ](/akn/ls/judgment/lshc/2024/183/eng@2024-09-17/source) * * * * * Report a problem __ ##### Rex V Thato Shale (CRI/T/0038/2024) [2024] LSHC 183 (17 September 2024) Copy citation * __Document detail * __Related documents Citation Rex V Thato Shale (CRI/T/0038/2024) [2024] LSHC 183 (17 September 2024) Copy Media Neutral Citation [2024] LSHC 183 Copy Hearing date 17 September 2024 Court [High Court](/judgments/LSHC/) Case number CRI/T/0038/2024 Judges [Mokoko J](/judgments/all/?judges=Mokoko%20J) Judgment date 17 September 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/0038/2024** In the matter between **REX CROWN** AND **THATO SHALE ACCUSED** _Neutral Citation_ : Rex vs Thato Shale [2024] LSHC 183 CRIM (17th September 2024) CORAM : T.J. MOKOKO J DATE HEARD : 17/09/2024 DATE DELIVERED : 17/09/2024 **__SUMMARY__** _Murder - Accused pleaded guilty to culpable homicide- crown accepted the accused’s plea- application of section 240 (1) (a) of Criminal Procedure and Evidence Act- crown directed to make a brief outline of facts- Accused convicted of culpable homicide- Accused sentenced in terms of provisions of section 314 (2) of Criminal Procedure and Evidence Act 1981._ **__ANNOTATIONS__** __Statutes__ 1. _Criminal Procedure and Evidence Act 1981_ 2. _Penal Code[Act No. 6 of 2010](/akn/ls/act/2010/6)_ **JUDGMENT** **Introduction** [1] Accused was charged with contravention of _section 40 (1) of the Penal Code Act 2010 read with section 40 (2) thereof_. In that upon or about the 26th day of May 2018, and at or near Marabeng in the district of Berea, the accused unlawufully and interntionally caused the death of Rabasotho Raphoka. [2] Accused pleaded guilty to culpable homicide and the crown accepted plea of guilty to culpable homicide. _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-_ _(a) 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”._ **Summary of Facts** [3] The court asked the crown counsel to make a brief outline of facts. She briefly stated that on the 25th May 2018, the accused and the deceased were at Leloaleng tavern approximately between 03:00 am and 04: 00 am socialising and drinking alcoholic beverages. An altercation between three women and a gentleman ensued, where the gentleman suspected that the three ladies had stolen his cell phone. One gentleman and the deceased intervened in the altercation. It was during that altercation that the accused stabbed the deceased once with the knife on the left chest. The deceased was taken to the hospital where he succumbed to his injuries. **Conviction, Mitigation, & Aggravation ** [4] The court then found the accused guilty of culpable homicide. The crown indicated that the accused has no record of previous convictions. On mitigation of sentence, Adv. Mahula submitted that both the accused and the deceased were drunk when the incident took place. The accused was not in his sober senses and, therefore could not have foreseen the possibility of killing the deceased. He added that the deceased mocked the accused about his disability and the accused was offended by that. The accused person stabbed the deceased once, and he surrendered himself to the police. As a sign of remorse, the accused contributed to all the deceased's funeral expenses. He therefore prayed that the court should prefer a lenient sentence for the accused. The defence added that the accused was willing to raise the head of the deceased in the sum of M25,000.00, to show remorse for this unfortunate incident. [5] On aggravation of sentence, Adv. Rathebe, the crown counsel, submitted that the deceased was the eldest son and a breadwinner in his family. His absence has left a void in his family. She submitted that human life is precious, so anyone who takes away someone’s life should be punished severely so that society can have confidence in the administration of justice. She submitted that the court should send a strong message that crime shall not be tolerated. [6] Now 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. [7] Culpable homicide is a serious offence because a life has been lost. However, 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 his actions. I have further considered that the accused saved the court’s valuable time and scarce resources in pleading guilty. On the fateful morning, both the accused and the deceased had been drinking alcohol the whole night and were therefore not in their sober minds. The accused surrendered himself to Mabote police after the commission of this offence. This is a sign that the accused was sorry and remorseful of his actions. The accused came to court on all occasions when he was warned to do so. His conduct shows his respect for the courts and the administration of justice. This incident took place in May 2018, and it has taken approximately six years for accused to know his fate in this matter. I have considered that this case has been hanging over the accused’s head for six years, which is punishment itself, as it affected him psychologically and emotionally. [8] Additionally, I have considered that the accused contributed to all the deceased's funeral expenses. This is a sign of remorse by the accused. Be that as it may, I have further considered that the deceased was a breadwinner in his family and that his death caused a void in his family. **SENTENCING** [9] 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._ [10] Be that as it may, this court has concluded that the following is an appropriate sentence that will serve the interests of justice in this matter. **Order** 1. The accused is sentenced to eight (8) years imprisonment, the whole of which is suspended for two years, on condition that the accused pays compensation to the deceased’s family in the total sum of **M25,200.00.** This amount shall be paid in quarterly instalments, commencing from October 2024 to December 2024 as the first quarter. The second quarter shall commence from January 2025 to March 2025 and so forth in the following quarters. 2. The payments shall be made to the office of the Registrar of this Court. 3. The accused is directed to advise the deceased’s family well in advance about the dates on which payments will be made to the office of the Registrar of this Court. My Assessors Agree. ______________________ T.J. MOKOKO JUDGE **FOR CROWN:** ADV. S.B RATHEBE **FOR ACCUSED:** ADV. R.J MAHULA #### __Related documents ▲ To the top >