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Mothobi v The State (Court of Appeal No. 36 of 1986 ) [1987] BWCA 10 (16 July 1987)
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1
IN THE COURT OF APPEAL OF BOTSWANA
COURT OF APPEAL NO. 36 OF 1986 CRIMINAL APPEAL NO. 109 OF 1983
In the matter between:
PATRICK MOTHOBI
- Appellant
and
THE STATE
The Appellant In Person
Mr. S.A. Afful for the State
JUD GME NT
CORAM: Mr. Justice I.A. Maisels JP, Mr. Justice L. Van Winsen JA, Mr. Justice B.A. Doyle JA,
B.A. DOYLE JA
Appellant was convicted of two offences of dishonesty in 1983, and was sentenced to a term of imprisonment. A short time later he
was again convicted of twelve more counts forming part of the same series with the first two. The trial magistrate was unaware of
this and did not make the sentences concurrent with those for the first two offences. Appellant appealed and Hannah J. remedied his grievance by making the sentences on the twelve offences co-terminous with the original
two.
One of the twelve counts was of six years, one year of which was
2
suspended on condition that certain compensation was paid. It was not paid but the appellant made no reference to this is his appeal to Hannah J.
He now at this late stage comes to this Court and asks that the suspension be altered to a diffferent term so that he can, when he leaves prison, earn money to pay the compensation.
The appeal has no merits and is dismissed.
B. A. Doyle Judge of Appeal
I agree
I. A. Maisels
Judge President
I agree
L. Van Winsen Judge of Appeal
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