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Xwaa v The State (Criminal Appeal No. 28 of 1983) [1983] BWCA 4 (1 January 1983)
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IN THE COURT OF APPEAL FOR BOTSWANA
Criminal Appeal No. 28 of 1983
In the matter between:
XUKUDI XWAA
Appellant
and
THE STATE
The Appellant in person
Mr. S. A. Afful for the State
JUDGMENT
CORAM t
AMISSAH, JA VAN WINSEN, JA HANNAH, JA
AMISSAH. JA
The Appellant was convicted of murder in that he killed his wife by fracturing the skull with a stone. It was a brutal murder for
which there was no explanation. The learned Chief Justice who tried and convicted him took into account that he had a young child and that he himself, the appellant, was young and there was an element of drunkenness. Unfortunately it was as I have said before, a brutal murder that he committed. Nothing that he said
to us this morning alters our opinion that the sentence of 12 years imposed by the learned Chief Justice was a proper sentence in the circumstances. Accordingly, I would dismiss this appeal.
A. N. E. Amissah Judge of Appeal
I agree:
I agree:
Judge of Appeal
N. R. Hannah Judge of Appeal
2
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