You are here:
SAFLII >>
Databases >>
Botswana: Court of Appeal >>
1988 >>
[1988] BWCA 7
[Database Search]
[Name Search]
[Recent Decisions]
[Noteup]
[Help]
Kabanna v The State (Criminal Appeal No. 6 of 1988 ) [1988] BWCA 7 (30 June 1988)
.PDF of original document
.RTF of original document
IN THE COURT OF APPEAL OF BOTSWANA
Criminal Appeal No. 6 of 1988
High Court Crim. App No. 196 of 1987
In the matter of:
MOTIKINA KABANNA
Appellant
vs
THE STATE
Respondent
Appellant in person
Mr. O.G.B. Marata for the State
JUDGMENT
Coram:
T. A. Aguda, JA.
L de Van Winsen, JA. G. Bizos, JA
AGUDA, JA.
This is an appeal by the Appellant against the sentence
passed on him on April 28th, 1987 by the Molepolole Magistrate's
Court. He was on that day convicted of house breaking and theft
and the sentencing went as follows:
"You are sentenced to 2 years' imprisonment plus 3 strokes of the cane on the first count. On the second count you are sentenced to 2 years' imprisonment again. In addition the one year imprisonment term suspended on the 14th January, 1987 is activated. These terms are to
run concurrently but consecutively with whatever term you are currently serving."
His appeal to the High Court was dismissed. However,
subsequently it was discovered that the suspended sentence
imposed on 14th January, 1987 which was activated on 28th April,
1987 was in connection with an offence which he had committed in
November, 1986.
2
In this case it was improper to have activated the sentence hence leave to appeal to this Court was granted. I am of the view that had the true facts been brought before the trial Magistrate he would not have activated the suspended sentence of one year.
Therefore the appeal succeeds to the extent that the one year suspended sentence which was activated is set aside. The sentence of 2 years' imprisonment on each count plus 3 strokes of the
cane, to run concurrently imposed on the appellant from 28th April, 1987 stands.
T.A. AGUDA Judge of Appeal
I agree
L. de VAN WINSEN Judge of Appeal
I agree
G. BIZOS Judge of Appeal
GIVEN at Lobatse this 30th day of June, 1988.
SAFLII:
|
Terms of Use
|
Feedback
URL: http://www.saflii.org/bw/cases/BWCA/1988/7.html
