Case Law[2022] LSHC 93Lesotho
Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022)
High Court of Lesotho
Judgment
# Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022)
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##### Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022)
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Citation
Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022) Copy
Media Neutral Citation
[2022] LSHC 93 Copy
Court
[High Court](/judgments/LSHC/)
Case number
CRI/T/0088/2017
Judges
[Matooane AJ](/judgments/all/?judges=Matooane%20AJ)
Judgment date
9 February 2022
Language
English
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3
_**CRI/T/0088/2017**_
_**IN THE HIGH COURT OF LESOTHO**_
_**HELD AT MASERU**_
**In the matter between:-**
**REX**
**vs**
**LEBOHANG MOSOEU**
_**JUDGMENT ON SENTENCE**_
_Neutral Citation:_ Rex vs Lebohang Mosoeu (CRT/T/0088/2017) [[2022] LSHC 18](/akn/ls/judgment/lshc/2022/18)
**CORAM : HON. T. MATOOANE, ACTING JUDGE**
**DATE ON JUDGMENT : 9****TH****FEBRUARY 2022**
The accused person tendered a plea culpable homicide which was accepted by the Crown in _terms of 2 Section 240 (1) (a)_ of the **Criminal Procedure and Evidence Act 1981** as amended. The Court finds the accused guilty of culpable homicide accordingly.
In mitigation of sentence a number of factors were raised by the counsel for the defense which __interalia__ _i_ ncluded the following.
1. _That the accused was a first offender;_
2. _He showed remorse by pleading guilty to the charge;_
3. _He has always attended court when required to do so;_
4. _He is a family man with two minor children who relies solely on him as a breadwinner;_
5. _The crime occurred at the spur of a moment, there was no bad blood between the parties who were close neighbours before the incident;_
6. _He contributed to the burial of the deceased with the cow which was slaughtered customary at the funeral and the coffin which was used to bury the deceased;_
7. _He is prepared “raise the head of the deceased” customarily by contributing M15,000.00._
On the other hand, the Crown argued that the deceased had a wife and a young child and that the sentence must be deterrent in nature.
The accused is sentenced to 6 (six) years in prison. However the whole sentenced in suspended for three years. Meaning that the accused should not commit a crime which violence is a component. Within this period.
The accused is ordered to pay compensation of M15,000.00 (fifteen thousand Maloti) as agreed with the Crown within a period of the years.
My Assessors agree.
_**T. MATOOANE,**_
**ACTING JUDGE**
**For Crown : Mr T. Fuma**
**For Defence : Mr Masoabi**
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