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Radithotse v The State (Criminal Appeal No. 14 of 1990) [1990] BWCA 9 (26 November 1990)
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IN THE COURT OF APPEAL OF BOTSWANA
Criminal Appeal No. 14 of 1990
In the matter of:
RADIKGOBANA RADITHOTSE
Appellant
vs
THE STATE
Respondent
Appellant in person
Mr. M. E. C. Mhango for the State
JUDGMENT
Coram: T. A. Aguda, J.A.: G. Bizos, J.A.: W.H.R. Schreiner, J.A.:
AGUDA, J.A.:
The appellant has appealed against sentence only. He was convicted of Shopbreaking and theft and sentenced to 4 years' imprisonment plus six strokes.
His application for leave was refused by the High Court. He has filed further application for leave to appeal to this Court. We see no justification in granting leave as regards the prison sentence.
However, as regards the sentence as to strokes we grant leave.
Over and over again this Court has stated that it would serve no useful purpose whatsoever to impose a sentence of strokes along with long terms of imprisonment or to impose a sentence of strokes
on an accused who has been sentenced to the infliction of corporal punishment on a number of occasions previously. We do not intend
to lay down general rules as to when it would be proper to impose a sentence of corporal punishment, but we are satisfied that in
ra
a case like this in which the accused person has suffered corporal punishment on a large number of occasions and he is serving an
effective term of 8 years' imprisonment, it will not be proper to add to the prison sentence another sentence of corporal punishment.
The appeal is therefore dismissed save that the sentence of corporal punishment is deleted.
GIVEN AT LOBATSE THIS 26TH DAY OF NOVEMBER, 1990
T. A. AGUDA Judge of Appeal
I agree
G. BIZOS Judge of Appeal
I agree
W.H.R. SCHREINER Judge of Appeal
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