01 Apr 2014

Molepolole Senior Magistrate William Modise has raised concern about the increasing number of robbery cases.

These crimes, he said, ended up causing businesses to close and in a way contributing to unemployment and eventually affecting the already unstable economy of the country.

The magistrate said this recently when sentencing 28-year-old Godiraone Tshwenyana of Boswelakoko Ward and 22-year-old Kago Ncheotsile of Ntloedibe Ward in Molepolole to 12 years imprisonment.

The two were charged with breaking and stealing goods worth P4 029 and P3 500 cash from Khan’s Cash and Carry shop at Lekgwapheng ward in Molepolole on  October 9, 2012.

In mitigation, Ncheotsile, who had previously told the court that he was not in a position to mitigate as his lawyer was not present, indicated to the court that the lawyer had other commitments and had given him the go-ahead to appear alone.

Ncheotsile pleaded with the court to be lenient when passing sentence. He said he was still young and had the sole responsibility of taking care of his nephews. He further implored the court to consider the time he had already spent in custody and the fact that he was still serving another sentence for a different offence.

When passing the sentence, Senior Magistrate Modise dismissed the point raised by Ncheotsile that he had adopted his nephews, pointing out that he was rather still too young to take care of children. “A person of your age cannot be given children to look after. Where are your relatives? It is ridiculous and I’m not going to record that in my notes,” he said.

Mr Modise said he had considered that the convicts were young and could have committed the offense out of youthful exuberance. However, that was not a good excuse to commit an offense, he said.

The magistrate also pointed out that robbery was considered a  serious offense in terms of the laws of Botswana especially when robbers were armed and threatened their would-be victims with weapons.

Mr Modise said in the case at hand, evidence deduced in court indicated that Tshwenyana was armed with a slasher while his co accused had a butcher knife.

“Even though no one was hurt during the incident, the victim’s shirt pocket was cut with the butcher knife and the shop attendant was threatened with the slasher,” Senior Magistrate Modise said.

He sentenced each of the accused persons to 12 years imprisonment back-dated to  October 9,  2012 when they were remanded. Ncheotsile’s sentence wass to run concurrently with the sentence that he was already serving.

“I just wonder why such young people engage in criminal offences while government has come up with so many poverty eradication programmes initiated specifically for the youth. This is a custodial sentence only to send a message to you and others who are planning to commit the same offences and I believe you will come out of prison reformed,” he said.

The magistrate ordered that the stolen property be given back to the rightful owner while the confiscated weapons will be disposed of and destroyed accordingly.