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Mosedame v The State (Criminal Appeal No. 27 of 1993 ) [1994] BWCA 2 (14 January 1994)
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IN THE COURT OF APPEAL OF BOTSWANA
HELD AT LOBATSE
Criminal Appeal No. 27 of 1993
(High Court Criminal Appeal No. 53 of 1992)
In the matter between:
BILLY MOSEDAME
Applicant
versus
THE STATE
Respondent
Applicant in person
Mr. K. Rammekwa for the Respondent
RULING
AGUDA, J. A.:
In this case the applicant and another were convicted of Shopbreaking and Theft of some articles from therein. The applicant was sentenced
to three years imprisonment. This was because he had a previous conviction of Office breaking. In sentencing him the learned trial magistrate ordered that the two years sentence suspended from the sentence should he was then serving be re-activated. The second
accused was sentenced to 18 months' imprisonment because that was his first conviction for any similar offence.
The appeal of the present applicant to the High Court was dismissed by Barrington-Jones, J., on June 9 1993. He is now seeking leave to appeal to this court against both his conviction and
sentence. I have carefully read through the record and listened to his address in extenso. However, I regret that I see no basis both
on the facts and in law upon which I can grant leave to appeal to this Court. The application is therefore refused.
GIVEN AT THE COURT OF APPEAL OF BOTSWANA, LOBATSE, this 14th day of
January, 1994.
T. A. AGUDA JUDGE OF APPEAL.
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