R v Chatepa & Anor. (Confirmation Case 822 of 2004) [2004] MWHC 65 (7 October 2004)

Citation: R v Chatepa & Anor. (Confirmation Case 822 of 2004) [2004] MWHC 65 (7 October 2004)
Media Neutral Citation: [2004] MWHC 65
Court: High Court of Malawi
Case number: Confirmation Case 822 of 2004
Judgment date: 7 October 2004
Language: English
Type: Judgment

MALAWI

IN THE HIGH COURT OF MALAWI

PRINCIPAL REGISTRY

CONFIRMATION CASE NO. 822 OF 2004

THE REPUBLIC

PAULO CHATEPA AND YOHANE GALIMOTO

From the Second Grade Magistrate’s Court Sitting at Mulanje

Being Criminal Case No. 99 of 2004

CORAM: HON. JUSTICE F.E. KAPANDA

Chimbe (Miss), Counsel for the State Advocate

J. Ngware, Recording Officer

Date of hearing : 8^th October 2004

Date of order : 8^th October 2004

ORDER IN CONFIRMATION

Kapanda, J:

The Defendant, Paul Chatepa and Yohane Galimoto, appeared before the Mulanje Magistrate Court to answer a charge of theft of a goat. It was averred by the State that on 3^rd May 2004 the two convicts jointly stole a goat valued at MK1500 the property of the complainant, Rose Mangulama.

The two readily admitted stealing the said goat. A plea of guilt was therefore entered by the court in quo. Therefore facts of the case were put to each one of them and they all accepted that the facts as narrated by the prosecution were correct. The court accordingly convicted them on their own pleas of guilt and admission of the said facts of the case as being correct. It must also be mentioned that the goat the subject matter of the criminal action was recovered.

The court then sentenced each of the Defendants to a custodial term of imprisonment of fifteen(15) months. The sentences were made effective from the 10^th of May 2004 when they were convicted.

The Reviewing Judge was of the view that the sentence of fifteen(15) months is on the higher side considering the fact that the Defendants are young offenders, that the property was recovered and that the conviction was founded on a plea of guilt. Both the State and this court agrees with the sentiments that were expressed by the Reviewing Judge. The sentence ought to be disturbed.

The Defendant have been in custody for almost five(5) months. That is already enough adequate punishment. Accordingly, I will pass a sentence that will result in their immediate release from prison unless they are being held for some other lawful reasons.

Pronounced in open Court this 8^th day of October 2004 at the Principal Registry, Blantyre.

F.E. Kapanda

JUDGE

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