Court of Appeal imposes manslaughter on appellant

Goitsemodimo Kaelo | Monday February 5, 2018 16:38

 

Keromang was convicted by Francistown High Court Judge, Justice Phadi Solomon for the offence of murder with extenuating circumstances, which he committed in April 21, 2010.

It is said that he caused the death of his cousin one Tshepo Kemothateng by kicking him with an industrial boot on the abdomen. He was sentenced to 10 years in prison.

However, his conviction and sentence were changed last Friday after CoA Justices Abednego Tafa and Lord Hamilton concurred that there was partial defence of provocation as such the offence amounted to manslaughter than murder.

However, Justice Jacobus Brand differed with his brothers, Justices Tafa and Lord Hamilton, stating that the conviction and sentence handed by the High Court was appropriate.

The two justices both agree that the appellant was smarting under the heat of passion and that the setting in which the kick was administered was in that of a sudden commotion after he was beaten twice with a stick by the deceased. 

They ordered that in computing his sentence, the period that he has spent in custody should prior to being convicted and sentenced shall be taken into account.