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Nthebolang v The State (Criminal Appeal N o . 24 of 1 9 8 9) [1989] BWCA 15 (4 December 1989)
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IN THE COURT OF APPEAL OF THE
REPUBLIC OF BOTSWANA
Criminal Appeal N o . 24 of 1 9 8 9
High Court Cr.APP.-No. 112/88
In the matter of:-
KEAMORATA NTHEBOLANG . _
Appellant
vs
THE STATE
Respondent
The Appellant in person
Ms. P. Solomon for the Respondent
RULING
Coram: T. A. AGUDA, JA.
B. A. DOYLE, JA. W.H.R. SCHREINER, JA.
SCHREINER JA:
The accused in this case was convicted by a magistrate at Lobatse for the offence of assisting in the disposal of stolen property, which he had reason to believe was stolen. The original charge was burglary and evidence was led that a disco machine had been stolen from a dwelling house and sold by the appellant a month later to third persons .
The accused was proved to have sold the disco, machine to a person in the neighbourhood. Because a fairly lengthv period of time had passed between the burglary and the time of the sale, it was safer for the magistrate to find him guilty on the lesser charge 'of- receiving stolen property rather than of the actual burglary. That the property which was sold was stolen property admits, of no doubt.
The question therefore is: are there reasonable grounds for holding that he did not know that the disco machine was stolen? He told the story concerning Johnson and Patrick'who were from Mafeking and who sold the disco machine to him. He did not ask them for an explanation as to where the machine came from. He said it was sold for P3,000 and he paid part of the money for which he did not receive any receipt. He did not know their residential address. He said that he had no reason to believe that the machine was stolen. The magistrate rejected this as being in the highest degree improbable. His view was supported by the learned Chief Justice who found that the appeal was without merit.
We have no reason to disagree with the decision of the court below and we are of the view that there is no reasonable prospect of success and that the application for leave to appeal should be refused.
W.H.R. SCHREINER Judge of Appeal
I agree
T.A. AGUDA Judge of Appeal
I agree
B. A. DOYLE Judge of Appeal
GIVEN AT LOBATSE THIS 4th DAY OF December 1989
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