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Senokwane v The State (Court of Appeal No. 25 of 1981) [1981] BWCA 12 (7 December 1981)
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COURT OF APPEAL FOR THE REPUBLIC OF BOTSWANA
Gaborone Cast No. 0863 of 1980 Criminal Appeal Wo. 64 of 1981 Court of Appeal No. 25 of 1981
In the matter between:
THOBE SENOKWANE
Applicant
and
THE STATE
Respondent
RULING OF A SINGLE JUDGE ON APPLICATION
FOR LEAVE TO APPEAL OUT OF TIME AND FOR LEAVE TO APPF.AL
O'BRIEN QUINN. CJ
I have read the papers in this matter in which the applicant was convicted of Stock Theft and sentenced to 6 years' imprisonment on 13th January, 1981, and in which his appeal to the High Court was, on 24th August, 1981, summarily dismissed.
I realize that the applicant is very late with his appeal but having perused the Record it appears to me that it was due to the Chief Magistrate*s view of the evidence of the co-accused that
this applicant was convicted and it would appear that the Chief Magistrate did not properly assesa that evidence or warn himself on the question of corroboration.
I, therefore, consider tnat prima facie there are good grounds for appeal, I condone the late filing of the appeal and grant leave for it to be heard by the full Court of 3 Judges.
I sake no order as to Ball panting appeal in view of the appellant*s previous record and the practice of this Court not to grant bail to convicted persons except in very exceptional clrcur^cr.ces.
I would Just say that I believe that the Chief Magistrate was wrong to have acquitted the co-accused who I consider was clearly guilty.
GIVEN at the High Court, Lobatse, this 7th day of December, 1981.
J. A. O'BRIEN QUINN CHIEF JUSTICE
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