HELD AT LOBATSE
Case No. CLCLB-067-07
High Court Criminal Appeal No. 123-03
In the matter between:
PATRICK OFITLHILE
Applicant
And
THE STATE
Respondent
Applicant in person
Mr. K. Modie for the Respondent
R U L I N G
RAMODIBEDI J.A
This is an application for leave to appeal against sentence. The Applicant had been convicted on two counts of Rape by a magistrate
court. He had been sentenced to 10 years’ imprisonment on each count plus strokes. His appeal to the High Court failed. I should
say that the sentences were ordered to run consecutively. The High Court confirmed both convictions and sentences except that on
count 1 the imposition of two strokes was set aside. Otherwise the sentences were confirmed.
Again the High Court also confirmed that the sentences should run consecutively with effect from 28 December 1998 when the Applicant
was arrested and taken into custody. The Applicant’s application for leave to appeal made before the High Court was dismissed.
The Applicant has renewed his application before this Court. The State concedes that the effective sentence of 20 years’ imprisonment
is too severe. It follows for that reason that the Applicant has reasonable prospects of success on appeal on the question whether
or not the sentences should run consecutively.
The application for leave to appeal is accordingly granted on this limited question only.
DELIVERED IN OPEN COURT AT LOBATSE THIS MONDAY THE 7TH DAY OF JANUARY 2008.
…………………………………………
M.M. RAMODIBEDI
JUDGE OF APPEAL
.RTF of original document