02 Nov 2014

Hukuntsi Magistrate Court has sentenced Kebogile Thoje, 31, of Kang to three years in jail on a single count of causing unlawful grievous bodily harm.

Magistrate Johnny Baakile said he had taken into account all the mitigating factors such as the fact that Thoje was a first offender and was still a young man who could be brought back to the community to serve a useful purpose.

Mr Baakile said the offence committed was grave and the sentence should be at equilibrium with mercy. “A sentence without mercy is not a sentence at all,” he said. He further said the extenuating circumstances under which the accused committed the offence render the court to deliver lesser sentence.  

Magistrate Baakile noted that Thoje reported the complainant several times to the police but to no avail and he even got distasteful words as a response from the police.‘’ Eventhough the accused failed to raise it during trial, it has a bearing on the judgement,’’ he said.

Particulars of offence are that Thoje on November 8, 2014 in Kang in Kgalagadi Administration District unlawfully caused grievous bodily harm to Marwee Xhamokae by hitting him with a knobkerrie on the left eye thereby causing permanent injury. 

The state was represented by Inspector Elson Mbayi while the accused appeared in person. ENDS