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Kgeresi v The State (Criminal Appeal No. 11 of 1984 ) [1984] BWCA 16 (23 May 1984)

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IN THE COURT OF APPEAL OF BOTSWANA
Criminal Appeal No. 11 of 1984 Criminal Trial No. 7 of 1984
In the matter of:
LESENYO KGERESI Appellant vs. THE STATE
Mr. J. M. Bogatsu for the Appellant Mrs. L. I. Dambe for the State
JUDGMENT
CORAM: I. A. Maisels, JP
L. de van Winsen, JA I. Isaacs, AJA
MAISELS. JP:
The appellant was indicted in the High Court on a charge of murdering a child SAMUEL MODISE, three years of age. He pleaded not guilty but was found guilty and no extenuating circumstances having been found he was sentenced to death.
The appeal to this Court was against conviction and sentence. Counsel for the appellant found himself unable to make any submissions on behalf ot the appellant with regard to the correctness of the conviction and confined his arguments to endeavouring to show that there were extenuating circumstances which would justify the setting aside of the

2
death sentence. In these circumstances, the Court took the somewhat unusual step of permitting the appellant himself to address the Court.
At the conclusion of the argument the Court dismissed the appeal intimating that its reasons for doing so would be given later. These are the reasons.
I do not propose reciting the quite appalling facts of his murder.
They are fully set out in the admirably clear and comprehensive judgment of Hannah ACJ, These facts demonstrate beyond any doubt, let alone reasonable doubt;, that the appellant, a witch doctor, planned to and did commit the murder of an innocent child in a manner so brutal as to beggar description. He did so, the evidence clearly shows, in order to obtain portions of the child's body fa use as medicine so as to increase his powers as a witch doctor. On these facts Counsel for the appellant war with the quite impossible task of endeavouring to y this Court that the present was not a case wherr appellant was guilty, he ought not to have rec penalty. As for the appellant's own staterae* it was simply a repetition of what he stat was of no substance. In short, so far T grounds for interfering with the judgjr

I think it right to s-sy that I am in complete agreement with it.
As stated above, the appeal was consequently dismissed.
GIVEN at the Court of Appeal, Lobatse, this 23rd day of May, 1984.
I. A. MAISELS /udge President
I agree  L. DE VAN WINSEN
Judge of Appeal
I. ISAACS
I agree  Acting Judge of Appeal

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