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Mmereki v The State (Criminal Appeal No. 7 of 1984 ) [1984] BWCA 11 (22 May 1984)

.RTF of original document

IN THE COURT OF APPEAL OF BOTSWANA

Criminal Appeal No. 7 of 1984 High Court Criminal Trial No. w prT982

In the matter between:

KGOSIDIALWA MMEREKI Appellant

and

THE STATE Respondent

Appellant in person

Mr. W. G. Mancwe for the State

JUDGMENT

CORAM: Maisels, JP

van Winsen, JA Isaacs,AJA

ISAACS. AJA

The appellant in this matter was charged with the crime of murder. He was found guilty with extenuating circumstances by Hannah J_f and was sentenced to imprisonment for a period of 10 years.

The appellant had killed his mother who according to his evidence, the appellant thought, was bewitching him. Because of his belief in witchcraft, which was the cause of his committing the offence, the learned Judge a quo found extenuating circumstances.

The appellant in this case appeared in person. The members of this court have taken notice of all he said. We realise that while in gaol his family will suff hardships.

An appeal Court, however, can only interfere with the discretion of a trial Judge on certain very limited grounds. Cp. State v Berliner 1967(2) S.A. 193 at 200.

There has been no misdirection in the present case on the part of tie learned Judge a quo.

After a careful consideration of the matter we could not see any reason in this case for interferring with the discretion of the learned Judge a quo.

For the above reasons, we dismissed the appeal.

l'.' ISAACS ACTING JUDGE OF APPEAL

I agree: .-

I. A. MAISELS JUDGE PRESIDENT

I agree: