Drunk accused escapes death penalty

Lebogang Mosikare | Wednesday August 24, 2022 11:18

 

Drunk accused escapes death penalty

Justice Barnabas Nyamadzabo said Lemogang Johannes murdered Olebogeng Molosiwa on August 30, 2013 in Lerala village under the influence of alcohol, Chibuku.

When ruling whether there were extenuating circumstances that led to the commission of the offence or not, Nyamadzabo said it was evident that the offence happened at night at a drinking spot when both the convict and deceased were heavily drinking alcohol.

“It was evident during trial that the convict and deceased had drunk a lot of alcohol. It seems possible that all the revellers at the drinking spot were drunk. The existence of intoxication constitutes an exceptional extenuating circumstance.

It was also evident from one of the prosecution witnesses that prior to the commission of the offence, the convict had complained that the deceased was harassing his girlfriend whom he felt that he had a duty to protect.

The result therefore, is that I find that intoxication constitutes an exceptional extenuating circumstance that enjoins the court to not pass the ultimate sentence of murder,” said Nyamadzabo.

Sentence in the matter will be passed on September 23.