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Thaka v The State (Criminal Application No. 23/96 ) [1997] BWCA 1 (10 January 1997)
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1
IN THE COURT OF APPEAL OF BOTSWANA HELD AT LOBATSE
Court of Appeal Criminal Appeal No. 23/96 High Court Criminal Appeal No. 135/95
In the matter between:
KGOPISO THAKA
and
THE STATE
Appellant in Person
Mr. Acheampong for the Respondent
Appellant
Respondent
JUDGMENT
Coram:
Amissah P., Tebbutt JA. Allanbridge JA
AMISSAH P.
The Appellant has confined himself to an appeal against sentence. It has been shown to us that the Magistrate had the power to impose
the sentence imposed. There is nothing to show that the Magistrate exercised her discretion injudicially.
We are therefore unable, according to our own decisions, to interfere with the sentence, having regard to the minimum sentences provided by section 16[2] of Act 18 of 1992. The appeal is dismissed. Delivered in open Court this 15th day of January 1997.
A.N.E. AM1SSAH
President
I agree
P. H. TEBBUTT Judge of Appeal
I agree
W.L S. ALLANBRIDGE Judge of Appeal
IN THE COURT OF APPEAL OF BOTSWANA HELD AT LOBATSE
CRIMINAL APPLICATION NO. 23/96 HIGH COURT CRIMINAL APPEAL NO. 13 5/95
In the matter between:
KGOPISO THAKA
- Applicant
vs.
THE STATE
- Respondent
Applicant In Person
Mr. P.M. Acheampong for the State
R U L I N G
AGUDA J.A.:
In this matter the applicant seeks leave to appeal to the Court of Appeal, an earlier application having been refused by the High Court. Mr. Acheampong Principal State Counsel properly admitted that the Magistrate would appear to have exceeded her jurisdiction in terms of the sentence she imposed.
It is clear therefore that the application for leave must succeed. The applicant will appear before the Court on Monday 13th January.
Delivered in open court this 10th day of January, 1997.
T. A. AGUDA JUDGE OF APPEAL
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