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Rankokowe v The State (Court of Appeal No. 13 of 1988) [1988] BWCA 3 (1 January 1988)
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IN THE COURT OF APPEAL OF BOTSWANA
COURT OF APPEAL NO. 13 of 1988
In the matter between:
MOROTSI RADIPINA RANKOKOWE Appellant
vs.
THE STATE
Respondent
Mr. L. Ngncongco for the Appellant Miss P. Solomon for the State
JUDGMENT
CORAM: AMISSAH JP AGUDA JA DOYLE JA
AMISSAH, JP:
The appellant appeals against a sentence of 15 years imprisonment imposed upon him after his conviction by the High Court. The charge
he was convicted of was murder. The deceased was a woman with whom he had been living as man and wife. He had obviously become jealous
of another man whom he suspected the deceased had transferred his affections to during the last few days of her life. There had been
a quarrel a week before the murder. The deceased ceased sharing the appellant's blankets and slept outside a hut nearby. But on the
night before her death, they had a meal together without any quarrel.
Before daybreak next morning the deceased was murdered by the appellant burying a pick-axe in her head. It was an act of unmitigated
brutality.
The learned trial Judge convicted him of the murder as charged but
2
decided that there were extenuating circumstances. The Judge took into account the fact that the appellant remained in love with
the deceased after she had stopped sharing his blankets; that he became increasingly suspicious that the deceased was being unfaithful
to him by having an adulterous association with another man. That on the night in question he brooded over the matter lying alone
in his bed until the early hours of the morning when he got up went over to the deceased and with one blow killed her. The Judge
accepted that the appellant had a genuine and honest belief mistakenly brought on by his innate jealous disposition that the other
man was having or was about to have an adulterous relationship with the deceased. With some hesitation the Judge came to the conclusion
that these were sufficient extenuating circumstances to reduce the offence from capital murder.
He sentenced the appellant to 15 years imprisonment to commence on the date of his arrest.
Despite the valiant efforts of Mr. Ngcongco on the appellant's behalf, we see no reason why we should interfere with this sentence.
Accordingly we dismiss the appeal.
A.NJE. AMISSAH
JUDGE PRESIDENT
I agree
T.A. AGUDA
JUDGE OF APPEAL
I agree
B.A. DOYLE JUDGE OF APPEAL
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