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Chisoma V The State (CA 48/83 ) [1983] BWCA 11 (29 November 1983)

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NOTTY CHISOMA
Appellant

and

THE STATE
Respondent

Reasons for Decision
The Appellant was convicted of the offence
of tnurder on the 24th November 1982. Extenuating
circumstances were found to exist. He was
sentenced to 15 years imprisonment. Reasons
do for sentence/not appear. These were given at
the time sentence was pronounced and should have
been recorded by the court reporter. However
the reasons for imposing the sentence are to be
seen in the judgment.
The point now taken by the Applicant is that an awaiting trial period of 9 months spent in prison was not t;,ken into account when p/

2
determining sentence. The sentence was not backdated to the commencement of that period and I am nearly certain that I made no allowance for that period otherwise.
I concede that in many respects a remand prisoner is worse off than a convicted prisoner for the conditions of his incarceration are more trying in that he is not allowed to leave the small area in which he is confined, gets no exercise, is subject to boredom and has to undergo the feais, anxieties and apprehensions which are normally attendant upon the uncertainties of outcome of a trial where conviction may mean death. This must be regarded as mental suffering of a high order and should be taken into account when determining sentence.
In the circumstances leave to appeal out of time is granted.
Francistown      P. E. J. Corduff
29.11.83         PUISNE JUDGE