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Kaunda v The State (Criminal Appeal No 9 of 1980) [1980] BWCA 2 (5 December 1980)

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IN THE COURT OF APPEAL OF BOTSWANA
Criminal Appeal No 9 of 1980
BEN KAUNDA       Appellant
v.
THE STATE        Respondent
Appellant in Person
Mr LM Mothobi for The State
JUDGMENT
Coram : MAISELS, P
DENDY-YOUNG, JA HANNAH, JA
MAISELS, P
The Prosecutor who appears for The State does not press the sentence imposed upon you by the High Court. I must say that this is in accord with my own views. What I have to consider is whether the sentence imposed upon you by the Magistrate was manifestly inadequate. Despite the appalling nature of your previous convictions which shows that you have led a life of crime for many years I consider that it cannot be said that the Trial Court imposed a sentence which was manifestly inadequate. There is of course no merit in the Appeal against conviction and that will have to be dismissed but with regard to sentence we will restore the sentence imposed by the Magistrate, namely that of four years' imprisonment.

2.
I wish, however, to add a very serious warning to you. Unless you mend your ways, and it may be unlikely that you will do so, but unless you mend your ways and you commit another crime of any sort of seriousness at all you can expect no mercy from any court and you are almost certain to be sentenced much more severely than you have been in the present case. You must bear that in mind because there is not the slightest doubt that you have been a menace to society that there is a strong temptation to keep you locked up for as long as possible. However, for reasons which I have endeavoured to state I have come to the conclusion that your appeal succeeds to the extent that the sentence of four years' imprisonment imposed by the Magistrate is restored. Otherwise your appeal is dismissed.
(Sgd.) I A MAISELS, President
I agree.         (Sgd.) J R DENDY-YOUNG, JA
I agree.         (Sgd.) N R HANNAH, JA
Lobatse
5th December 1980

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