Woman guilty of infanticide

Lebogang Mosikare | Wednesday August 26, 2015 15:13

Justice Barnabas Nyamadzabo wholly suspended the sentence for three years on condition that she does not commit a similar offence.

The offence was reportedly committed in Zwenshambe in March 2009.

When sentencing the accused, Nyamadzabo said he took into consideration several factors, including the fact that she has already been found guilty of the offence, and her moral blameworthiness.

“Punishment should fit the crime committed, while at the same time safeguarding the interests of society.

Punishment is a delicate balance which should be exercised with utmost care so that it is not too high and too low and should not be approached with a spirit of anger,” he said.

The judge also said that the accused was not in a balanced state of mind when she committed the offence as was clearly submitted by the defence counsel, Gontse Simon.

Nyamadzabo said the accused was a 20-year-old student when she committed the offence and facing the burden of taking care of the child alone, hence her diminished mental responsibility.

Nyamadzabo stated that John lost her parents when she was very young and had been impoverished at a young age, which had contributed to her predicament.

He added that the accused was also a first time offender with no previous convictions, adding that the mitigating factors in her matter far outweigh aggravating factors.

The judge advised John to appeal to the Court of Appeal in six weeks if she is not happy with the judgment or sentence.

Meanwhile Abote Monnana, 55, was acquitted and discharged of a single count of threat to kill.Monnana had approached the court on an application of no case to answer.

Ruling in favour of Monnana, Nyamadzabo said the state alleged that at Moletemane village, the accused threatened to kill William Fortune Disenkeng.

“In this case, the issue is whether a prima facie case against the accused exists in relation to the charge he is facing.

 The prosecution states that he stabbed the complainant on his right arm and uttered the words: ‘I will kill you,’ to Disenkeng while they where at a bar at Moletemane,” he said.

Justice Nyamadzabo said that while the prosecution alleges that a knife was used to stab the complainant, it is not certain if the same knife brought by the investigations officer is the one Monnana produced during his arrest.

The judge added that Anthony Molefhe, who was present when Monnana was arrested, told court that he saw the accused take something from his pocket and give it to the investigations officer before he ran away.

“The investigating officers dismally failed to do their job.

The police investigations were generally skewed against the accused and were unsatisfactory.

The investigations office was discredited during cross-examination.

His evidence as a whole is manifestly unreliable. The accused has no case to answer,” said Nyamadzabo.