When delivering a ruling on whether there were extenuating circumstances or not that could reduce the moral blameworthiness of the convict, Justice Bengbame Sechele of the Francistown High Court said the convict testified under oath and was cross-examined by the prosecution.
“He stated that he lacked formal education and religious guidance in his formative years. He further stated he was orphaned at a young age and was raised by his aunt.
He stated that he endured a difficult childhood and was forced to seek solace in alcoholic beverages at an early age. He maintained that the offences he stands convicted of were committed under the influence of alcohol,” said Sechele. The defence counsel, Sechele continued, urged this court to find that there are extenuating circumstances in this case.
“The defence counsel highlighted the fact that the convict was heavily intoxicated on the date in question and did not know what he was doing. The defence counsel further submitted that the convict was not only a person of rustic background but he was from an early age forced to navigate the perilous path of life with no moral compass.
The convict herein imbibed alcoholic beverages on the date in question. “Both Darkie Ndubo and Oaitse Olesitse testified to the convict’s inebriety on that date. This court, therefore, accepts that the convict was indeed intoxicated when he committed the offences he stands convicted of. This court also accepts that the convict was from a rustic background with no formal education.
He was, therefore, unsophisticated,” Sechele noted, adding that the above factors probably had a bearing on his mind when he committed the offences. The following factors, Sechele underscored, will however be considered in aggravation: that he launched a gratuitous attack on a defenceless woman, that he visited the deceased with extreme forms of violence and also raped her and that he has a previous conviction of rape. “This court is of the considered view that the aggravating factors far outweigh the extenuating circumstances.
His state of intoxication was self-induced in that he was still able to coordinate an attack on the deceased and proceeded to tie her hands with an electric cable in order to overcome her resistance.
The rusticity of the convict’s background counts for very little. He was a discerning adult who could tell right from wrong. This court, therefore, takes the view that these factors are not sufficiently appreciable to abate the convict’s moral blameworthiness in doing what he did,” Sechele emphasised.
Sechele added: “I, therefore, rule that there are no extenuating circumstances in this case. He is therefore sentenced as follows: (a) he is sentenced to death for the offence of murder and shall be hanged by the neck until he dies (b) he is sentenced to 15 years in jail for rape. He has a right to appeal his conviction and sentence or both at the Court of Appeal.”
