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Chalebgwa v The State (Criminal Appeal No. 46 of 202 ) [2003] BWCA 27 (25 July 2003)

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IN THE COURT OF APPEAL OF BOTSWANA HELD AT LOBATSE
Criminal Appeal No. 46 of 2002 High Court Cr.App. No. f n 7 of 2000
In the matter between:
BOITSHOKO CHALEBGWA      Appellant
vs
THE STATE        Respondent
Appellant in Person
Mrs Mphetlhe for the Respondent
JUDGMENT
Coram: PLEWMAN 3 A
LORD SUTHERLAND J A GROSSKOPF 3 A
GROSSKOPF 3 A;
The appellant was convicted of murder with extenuating circumstances and sentenced to 9 years imprisonment in the High Court held at Francistown. He was also convicted of the unlawful wounding of another contrary to section 233(a) of the Penal Code (Cap 08:01) and sentenced to 3 years imprisonment. The court a quo ordered the two sentences to run concurrently and further expressly ordered that the combined sentence should take effect on the day it was passed, i.e. 6 December 2002.

The appellant, who appeared before us in person, raised only one point, namely that the court a quo failed to direct that the period which he had spent in custody prior to his conviction be deducted from his sentence. In his judgment on sentence the learned judge in the court a quo however specifically mentioned that he was bearing in mind that the appellant had been in continuous custody from 14 January 1999 until he was released on bail on 24 April 2002, that is for a period of more than three years. Before passing sentence the learned judge once again emphasised that he placed considerable weight on the fact that the appellant had been in custody for three years. The court a quo therefore clearly took this period of incarceration into account in determining an appropriate sentence. There is accordingly no merit in the appellant's submission in this regard.
The appeal is dismissed.
DELIVERED IN OPEN COURT THIS f? f6> JULY 2003
.IRk^^G?^.
F.H.
JUDGE OF APPEAL
LORD R.I. SUTHERLAND JUDGE OF APPEAL

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