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Mokgosi v The State (Criminal Appeal No. 8 of 1990) [1990] BWCA 6 (4 November 1990)

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j        IN THE COURT OF APPEAL OF THE i
REPUBLIC OF BOTSWANA j
!        Criminal Appeal No. 8 of 1990 '
'        i
;        In the matter between: j
i        I
i        :
j        TUMELO MOKGOSI Appelant j
!        vs i
!        THE STATE Respondent '
i        ;
I        I
|        Appellant in Person
\         Mr. S. Afful for the State
JUDGMENT
1 Coram: A. N. E. AMISSAH, JP
B. A. DOYLE, JA.         '
W. H. R. SCHREINER, JA.  j
i
: DOYLE, JA.     j
The Appellant was convicted of murder with extenuating circumstances.    i
; Briefly the facts found were that Appellant was involved in a brawl at         !
' .      |
' a discotheque. That was stopped and Appellant left with two friends    j
|        i
!        !
: Bernard Mohubu and Thabo Keitumetse to change a shirt. As they went    j
1        i
| towards Appellant's house, he suggested that they should arm themselves        ;
! with some implements with which to defend themselves at the disco-
i theque, should the need arise. In consequence the Appellant armed
. himself with an okapi knife and the other with pieces of cable. They
returned to the discotheque where the deceased Sonny Moletsane, was
i
i drinking with friends and girls. While there a fight arose between Sonny       ;

Q]
and Bernard Mohubu because the latter was allegedly harassing the girls. During the fight Appellant ran up and stabbed Sonny in the back with the knife. Appellant ran away and Sonny was taken to hospital where he died as a result of the stab wound. The learned trial judge considered self-defence, defence of a friend, intoxication and provocation and could find no facts in favour of any such defences,
He found that extenuating circumstances existed because Appellant was only 18 or 19 years of age. He sentenced Appellant to 4 years imprisonment.
Counsel for the Appellant has submitted that he is unable to put forward any arguments on the facts in favour of this appeal.
The Court gave the Appellant himself an opportunity to address the Court on the appeal. We are unable to find anything wrong with the conviction or sentence and the appeal is therefore dismissed.


DELIVERED IN OPEN COURT IN LOBATSE 4TH
NOVEMBER, 1990

B. A. DOYLE Judge of Appeal

I agree:
A. N. E. AMISSAH PRESIDENT OF APPEAL


I agree:
W. H. R. SCHREINER Judge of Appeal

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