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Tinye v The State (Criminal Appeal No. 19 of 1986) [1987] BWCA 4 (29 June 1987)
.PDF of original document
.RTF of original document
IN THE HIGH COURT OF BOTSWANA
Criminal Appeal No. 19 of 1986
In the matter between:
KELEMOGILE TINYE
Appellant
versus
THE STATE
Respondent
Appellant in person
Mr. S. A. Afful for the Respondent
JUDGMENT
CORAM: I. A. MAISELS, JP.
L. DE VAN WINfcN, J.A. B. A. DOYLE, J.A.
DOYLE, J.A.:
This case arose from incidents at a drinking party on 24th August, 1985. The evidence was eluded by the fact that almost all the
witnesses were under the influence of drink.
The trial judge found the facts as follows -
Attending the party were amongst others Appellant, Deceased and a man Phepheng. At some stage in the party deceased had tried to
stab Appellant's sister and had sttfabbed the Appellant though not seriously.
Later after further drinking Deceased behaved in a general threatening way to others. Appellant and Phepeng decided to teach Deceased
a lesson for his previous behaviour. They started to beat Appellant with their fists and a scuffle ensued. During this the Appellant
produced a knife in the heat of the moment stabbed Deceased who subsequently died of the wound.
2
Appellant was found guilty of manslaughter and sentenced to seven years imprisonment. In doing so the learned Judge expressly took
into account the previous attack on Appellant, the fact that Appellant was intoxicated and that the blow was struck in the heat of
the moment. He stated that the use of the knife was very serious and that he was imposing a less severe sentence by reason of Deceased's
behaviour.
There is nothing in this sentence which would enable this Court to interfere. The Appeal is dismissed.
GIVEN AT THE COURT OF APPEAL, LOBATSE, this 29th day of June, 1987.
B. A. DOYLE JUDGE OF APPEAL.
I agree,
I. A. MAISELS JUDGE PRESIDENT.
I agree,
L. DE VAN WINSEN JUDGE OF APPEAL.
lAA/oU^
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