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High Court of Malawi - 1997 April

2 judgments
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2 judgments
April 1997
R v Bandawe (Confirmation Case 196 of 1997) [1997] MWHC 10 (23 April 1997)
A 12‑month sentence for stealing one goat was manifestly excessive; guilty plea and first‑offender status warrant immediate release.
  • Sentencing — Theft of cattle (goat) — Manifestly excessive sentence — General versus specific deterrence — First offender and guilty plea — Appropriate starting point six months imprisonment with hard labour
23 April 1997
R v Mtuwana (Confirmation Case 821 of 1996) [1997] MWHC 11 (23 April 1997)
A six-month sentence for ordinary burglary was manifestly inadequate; the accused's sentence increased to three years.
  • Criminal law — Burglary — Sentencing — Manifestly inadequate sentence — Chizumila’s Case: six-year starting point; ordinary burglary about three years — youth and guilty plea limited mitigation — concurrent sentences
23 April 1997