HELD AT LOBATSE
Case No. CLCLB-061-07
High Court Criminal Appeal No. 125-05
In the matter between:
MODISE MONTWEDI
Applicant
And
THE STATE
Respondent
Applicant in person
Ms. K. Mokaloba for the Respondent
R U L I N G
RAMODIBEDI J.A
In this matter the Applicant applies for leave to appeal against the High Court decision. The Applicant was charged before the Magistrates’
Court in Gaborone with robbery in contravention of Section 291 read with Section 292 of the Penal Code (as amended).
It was alleged that on 17 March 2004 he robbed the complainant of P150.00 in cash and a black cap valued at P75.00. He had threatened
the complainant with a knife. The Applicant was convicted as charged and sentenced to 10 years’ imprisonment.
His appeal to the High Court failed and so did his application for leave to appeal. Hence the present application. There was overwhelming
evidence that the complainant was robbed at knife point of P150.00 and a cap. The complainant was corroborated in this respect by
the Applicant’s own companions namely Lebogang Ramokhua (PW2) and Oageng Mokgweetsi (PW3). Both these witnesses testified to
seeing the Applicant snatch the complainant’s cap. The Applicant simply did not have a valid defence at the trial. The record
shows that in his written final submissions to the learned trial magistrate he appeared to concede the offence in this terms which
I quote -
“I beseech thee to judge me for what I have done, which is simply snatching only, I repeat only a cap and running away which I maintained
from the time of my arrest to the present day without denial.”
The Applicant’s complaint about the charge sheet being defective is equally without merit. This charge sheet may not have been
elegantly framed but it clearly contained the necessary elements to pass muster.
The Applicant’s further complaint that PW2 and PW3 were assaulted further falls to be dismissed. The learned trial magistrate
who saw and heard the witnesses did not form the impression that the witnesses had been induced by assault to testify against the
Applicant.
The result is that there are no reasonable prospects of success on appeal. Accordingly the application for leave is dismissed.
I should add that after giving this ruling, but before the Court rose, the Applicant complained that I had not dealt with his request
to have his sentence backdated by four months. The record will show, however, that this was not the Applicant’s case in his
application for leave to appeal, both in the High Court and in this Court. In any event, I would dismiss the Applicant’s request
for backdating of the sentence as unmerited in the circumstances of this case. This was a serious offence of robbery which ordinarily
carries a maximum sentence of 20 years’ imprisonment. The Applicant was only sentenced to 10 years’ imprisonment which
is a minimum sentence for armed robbery under Section 292(2) of the Penal Code.
DELIVERED IN OPEN COURT AT LOBATSE THIS MONDAY THE 8TH DAY OF JANUARY 2008.
…………………………………………
M.M. RAMODIBEDI
JUDGE OF APPEAL
.RTF of original document