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Peter v The State (Criminal Appeal No. 2 of 1988) [1988] BWCA 4 (27 June 1988)

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IN THE COURT OF APPEAL OF BOTSWANA
Criminal Appeal No. 2 of 1988
In the matter between:
PELEBE JAMES PETER Appellant
versus
THE STATE        Respondent
Appellant in person
Mr. S. A. Afful for the Respondent
JUDGMENT
CORAM: A. N. E. Amissah, J.P. B. A. Doyle, J.A. G. Bizos, J.A.
DOYLE, J.A.:
The appellant in this case was charged with the offence of Murder.
The deceased had been arrested by a tribal policeman, Banda, in relation to the stabbing of a younger brother of the Appellant. Banda had been drinking in a shebeen with appellant and at his request the appellant assisted in the arrest. They took deceased to the tribal office where deceased was handcuffed to a safe. Deceased was questioned about the knife used in the stabbing but would give no reply. Banda and appellant went back to the shebeen where they had a drink.
Banda then departed, leaving appellant at the shebeen. Some time after he returned and told appellant that he had beaten deceased but could not get information about the knife. Appellant maintained that deceased had had a knife and they both returned to the Tribal Office. There deceased was again questioned and was beaten with a bamboo cane

by Banda. Deceased gave no information and Banda left the Tribal Office. Shortly afterwards Banda heard a scream and appellant came out of the office.
Appellant had inflicted on the deceased four serious and horrific looking wounds, one on the thigh and three on or about the genitals. One of these wounds had severed an artery which caused death within five minutes. It would seem that these wounds were inflicted either wantonly in revenge or to extract information by torture.
Appellant was convicted of murder but extenuating circumstances were found in the relationship of appellant with the man earlier stabbed by deceased, lack of premeditation to any appreciable degree, absence of an intention to kill and drunkness. Appellant was sentenced to eight years imprisonment.
Appellant asks for leniency as a first offender and expresses regret.
In all the circumstances of the case we cannot say that the sentence induces any sense of shock or is in anyway too severe. The appeal must be dismissed.
GIVEN AT THE COURT OF APPEAL, LOBATSE this 27th day of June, 1988.


B. A. DOYLE JUDGE OF APPEAL

I agree,
I agree,
'A. N. E.v AMISSA4L JUDGE OF APPEAL.
Q. BIZpS, JU1XE OF APPEAL.

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