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Botswana: Robbers Jailed for 32 Years
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Mmegi/The Reporter (Gaborone)
19 March 2008
Posted to the web 19 March 2008
Oarabile Mosikare
Francistown
Justice Modiri Letsididi sentenced two armed robbers who in October 2003 attempted to kill an Engen Filling Station employee were sentenced to a total of 32 years imprisonment each.
The accused persons, Rodgers Lekgoba and Richard Matlapeng, were charged with two counts of armed robbery and attempted murder.
The charges say that on October 15, 2003 at Block One in Francistown, acting together, they robbed Tlhalosang Lentswe of the sum of P60, a Philips Sony cell phone, a Toyota Corolla valued at P19,000 and that immediately before the robbery they assaulted Lentswe.
They were convicted of attempted murder. The accused persons were charged with attempting to kill Ontiretse Makhiwa on the same date at Engen North Ring Filing Station in Francistown.
Regarding the last count of armed robbery it was said the convicts on the same date at Engen North Ring Filling Station robbed Makhiwa of the sum of P20 and before the robbery they assaulted him.
In determining the appropriate sentence, Justice Letsididi took into account the three basic principles of sentencing which are the interest of society, those of the accused persons and the seriousness of the offence. He considered mitigating factors.
He said the offences for which Lekgoba and Matlapeng were convicted are "all very serious offences indeed".
"The seriousness of the offences for armed robbery is reflected by the legislature which enjoins this court to pass a mandatory minimum sentence of 10 years imprisonment where there are no exceptional extenuating circumstances such as in this case," said the judge.
These offences, particularly, attempted murder, he said are made even more grave by the fact that a lethal weapon in the form of a gun was used and it was only by the grace of God that the victim who was shot at and wounded did not lose his life.
Regarding the two counts of armed robbery, he sentenced the two men to 10 years imprisonment each to run concurrently with 12 years imprisonment for attempted murder.
The sentences shall take into account the period of October 16, 2003, when they were both in police custody, up to September 10, 2004 when they were released on bail.
Both accused persons were advised of their right of appeal against both conviction and, or sentence to the Court of Appeal within six weeks.
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Lyndon Mothusi represented Lekgoba while Oganeditse Marata appeared for Matlapeng.
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