More than ten years after hitting another man with a knobkerrie during Christmas choir competitions in Molepolole, Kabo Tlhalogang will spend the next ten years in prison for the offence that was seemingly forgotten.
It is said that Tlhalogang struck Phillip Leuwe with a stick on the stomach after the deceased confronted and accused him of pushing his mother during the singing competition.
The deceased died a few days later with complications from the assault.
The Chief Justice said that while he accepted that the accused had been provoked, he used excessive force that was not equivalent or that was disproportionate with the provocation.
He added that other extenuating circumstances were that the accused person had consumed alcohol at the time of the incident, and that he was still young, at the age of 24 years old.
“I have taken into consideration these factors as extenuating circumstances to reach my decision on an appropriate sentence that fits the offence,” he said.
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The judge said that the offence occurred at a time when there was no minimum sentence for murder that was increased to 15 years after the amendment of the Penal Code in 2018.
He said that the appropriate sentence of 10 years would send a strong message to would-be offenders who may use excessive force at a slightest provocation.
Tlhalogang was convicted of the murder a few weeks ago, but was allowed to go home and to only come back for the sentencing.
He cut a figure of an innocent man, coming late, and seemingly oblivious of what awaited him.
He was immediately taken to the chambers and a prison vehicle was waiting outside to transport him to his new home for the next ten years.
However, his attorney Letlhogonolo Makgane indicated that he was going to appeal the conviction and sentence.