All courts - 1997 April

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2 judgments

Citation	Judgment date
April 1997
R v Bandawe (Confirmation Case 196 of 1997) [1997] MWHC 10 (23 April 1997) A 12-month sentence for a first offender’s theft of a goat was manifestly excessive; six months is the starting point. Sentencing — Theft of livestock (goat) — Manifestly excessive sentence — General versus specific deterrence — First offender and guilty plea as mitigating factors — 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) Court raised an inadequate six-month burglary sentence to three years, finding youth and guilty plea insufficient mitigation. Criminal law – Burglary – Sentence – Manifestly inadequate sentence increased on review – Chizumila precedent: six-year starting point; ordinary burglary about three years – guilty plea and youth not sufficient mitigation.	23 April 1997