Give Ntwaagae 17 years - State

ISAIAH MOREWAGAE
Staff Writer | Wednesday March 30, 2011 00:00

 

Ntwaagae was convicted on a single count of murder with extenuating circumstances. The court is thus compelled to give any sentence other than death, which is the mandatory minimum sentence for any person convicted of murder. 

Yesterday, Lesedi Seloka from the Directorate of Public Prosecution (DPP) called on the court not to lose sight of the uniformity maintained by the courts in similar cases.  Seloka was responding to submissions made by defence attorney, Shame Taimu to the effect that there were exceptional extenuating circumstances hence urged the court to impose a non custodial sentence. Taimu invoked Section 27 (4) of the Penal Code, which outlines what constitutes exceptional extenuating circumstances.

He submitted that most of the factors found to constitute extenuation have a cross over in mitigation. Taimu said it is not disputed by the state that the deceased locked the door before the fight broke up and that the deceased tried to hit Ntwaagae with an axe before she ducked. Taimu stressed that there were exceptional extenuating circumstances in the case because at the time the crime was committed, the rate of passion killings were spiralling out of control hence it was a matter of life and death for Ntwaagae. 'Not only was she physically trapped, it was not a moment of thinking but a moment of survival. She was in a state of helplessness and had no choice,' Taimu submitted.

He said should the court agree with their point of view, then the court can venture into new ground and set new precedency by imposing a sentence lesser than a custodial sentence. Taimu stressed that the court would not be blamed for judiciously exercising its discretion by imposing a non-custodial sentence.

However, Seloka expressed the view that whatever Taimu put before court, was mere extenuating circumstances, which the court had already dealt with. Seloka said it was not unusual that people caught in a love triangle would always fight.  'She was not the only one going through that rough time during the fateful day hence this argument does not amount to exceptional extenuating circumstances', Seloka said.

He said it would be a sad day for criminal justice if the court were to impose a non-custodial sentence as suggested by defence. Judge Onkemetse Tshosa will deliver sentence today. Ntwaagae was convicted early this month for the murder of her boyfriend in June 2009. She hacked her boyfriend to death with an axe after an altercation.