Yesterday, Lobatse High Court Judge, Onkemetse Tshosa dismissed submissions made by Ntwaagae's attorney, Shame Taimu that there were exceptional extenuating circumstances and 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. However, Tshosa ruled that exceptional extenuating circumstances should be those factors that are unusual, special and out of the ordinary. Tshosa said the defence during their mitigation said Ntwaagae was locked in a dark room by Letota hence there was no exit point, she was attacked first before she ducked and grabbed the weapon, also mentally she was not in her right frame of mind when she committed the crime.
"There was nothing special or unusual about crimes of this nature to happen in the mentioned set up", Tshosa said. He added that most crimes involving love triangles end up in similar circumstances hence factors mentioned by defence could not constitute exceptional extenuating circumstances.
