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[1996] BWCA 19
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Sampson v The State (Criminal Appeal No. 30/95 ) [1996] BWCA 19 (2 February 1996)
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IN THE COURT OF APPEAL APPEAL OF THE REPUBLIC OF BOTSWANA HELD AT LOBATSE
COURT OF APPEAL CRIMINAL APPEAL NO. 30/95 [HIGH COURT CRIMINAL APPEAL NO 173/93]
In the matter between:
BRIAN SAMPSON
Applicant/Appellant
and
THE STATE
Respondent
Appellant in person
Ms. P. Solomon for the Respondent
JUDGMENT
CQEAJS T.A. AGUDA, J.A.
LORD N. WYLIE, J.A. G.G. HOEXTER, J.A.
HOEXTER J.A.
Pursuant to leave granted by this Court the Appellant appeals against the sentences imposed upon him by the Principal Magistrate sitting at Gaborone on 17th August, 1993.
Having been duly convicted of the three offences indicated
hereunder the Appellant, then aged 21 years, was sentenced by the
trial Court as follows:-
Count 1 rstore-breaking and theft1 - Five years imprisonment and three strokes;
Count
2
runlawful possession of arms! - Seven
2 years imprisonment;
Count 4 Tunlawful possession of arms! - A fine of P250-00 and, in default of payment, five months imprisonment.
The trial Court further ordered the sentences of imprisonment to run concurrently.
The sentences thus imposed were supported by Ms. Solomon who argued the case on behalf of the State. While sentence is a matter which falls within the discretion of the trial Court, this Court has in a long line of decisions expressed its disapproval of the imposition of strokes when coupled to a long sentence of imprisonment. See, for example, the remarks of AGUDA J.A. the case MMQLOTSI MOGADI & OTHERS V THE STATE in CA 19/90 and of SCHREINER J.A. in MOSOTHO MASINA & ANOTHER V THE STATE CA 7/92.
In the instant case the Appellant has to undergo imprisonment for seven years. That is a long sentence of imprisonment. The Appellant is a comparatively young man and he is a first offender. Having due regard to all the circumstances of his case I consider that no justification can be found for the addition of corporal punishment to his prison sentences. Save as above there is no good reason for disturbing the punishment imposed by the trial Court.
In the result the appeal against sentence is dismissed save that the order for the infliction of corporal punishment [three
strokes in respect of Count 1] is set aside
DELIVERED IN OPEN COURT AT LOBATSE THIS 2nd DAY OF FEBRUARY, 1996
G.G. HOEXTER [JUDGE OF APPEAL]
I agree
T. A .AGUDA
[JUDGE OF APPEAL]
I agree
LORD N. WYLIE [JUDGE OF ^APPEAL.]
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