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Setumo v The State (Criminal Application No. 27/96 ) [1997] BWCA 3 (14 January 1997)
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1
IN THE COURT OF APPEAL OF BOTSWANA HELD AT LOBATSE
Court of Appeal Criminal Application No: 27/96 High Court Criminal Appeal No. 64/95
In the matter between:
TAUTONA SETUMO
Applicant
and
THE STATE
Respondent
Applicant in Person
Mr. P. Gunda for the Respondent
JUDGMENT
CORAM: Amissah P. Tebbutt JA Cowie JA
Amissah P.
Mr. Gunda states that he is not supporting the conviction. The record does not show that only the Appellant had access to the place
where the dagga was found. The landlord was not called. The appellant had given evidence that he occupied the place where the dagga was found only from time to time.
In the circumstances, the appeal is allowed; the conviction and sentence are quashed. The Court has noticed that the magistrate also erred in the matter of sentence as she imposed a term of imprisonment that was far higher than what she was competent under the law to impose. The magistrate should take note of that for the future.
Delivered in open Court this 14th day of January 1997
A. N. E. AMISSAH. President, Court of Appeal
I agree
P. H. Tebbutt J.A
I agree
Lord W.K.L. Cowie. JA
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