Heavy intoxication saves man from the gallows
Mpho Mokwape | Thursday November 17, 2016 16:22
Otlaadisa Modisaotsile was initially charged together with Lebotsang Modumo for the murder of David Motoki in 2010 at Lekgwapheng Ward in Molepolole. Rather than the dreaded gallows, Modisaotsile breathed a sigh of relief when he was given 12 years behind bars.
Delivering judgement, Chief Justice Maruping Dibotelo said he took into account the events of the fateful day, including alcohol consumption and the mitigating factors as given by Modisaotsile’s attorney.
Dibotelo said the man was lucky to get a conviction for murder with extenuating circumstances as that had ultimately reduced his sentence. He emphasised that though the finding did not reduce the gravity of the offence, he had taken into account that the convict was at the time heavily intoxicated which could have clouded his judgement.
“The man was drunk at the time of the incident and I also took into account that he was 25 years at the time and a breadwinner to a family of seven, including two minor children,” he said.
Modisaotsile’s sentence will run from the time he was incarcerated before he was given bail. His co-accused, 21-year-old Lebotsang Modumo was only convicted of unlawful wounding, and was sentenced to four years, including the time already spent behind bars.
When sentencing him, Dibotelo said he had also considered that Modumo was only 15 years at the time of the incident and was also heavily intoxicated.
He however noted that alcohol and age did not excuse the behaviour, as there was no evidence as to why Modumo stabbed the deceased three times with a knife.
“At least he was caught before he could do more damage to the deceased and for that, justice must prevail and he must serve his time,” Dibotelo explained.