Dalton, being the Criminal Case No.187 of 2003
HON. JUSTICE F.E. KAPANDA
Phiri (Mrs), Principal State Advocate
Maida (Ms), Official Interpreter
Sinalo (Mrs), Recording Officer
Date of hearing
11th November 2004
Date of order
11th November 2004
ORDER IN CONFIRMATION
The Defendant, Justin Mandawala, was convicted of two offences viz burglary and theft. He was convicted after full trial.
When I reviewed the case in my Chambers I did not find anything wrong with the convictions
that were entered against the Defendant. However, it is the sentence meted out on the Defendant on the count of burglary which I
found to be manifestly inadequate. The Defendant was sentenced to serve a custodial term of imprisonment of 36 months for burglary.
I therefore, caused this matter to be set down to consider the enhancement of sentence on the count in respect of the burglary offence.
The State agrees with this court that the sentence for the burglary is on the lower
side. Indeed, it is important to note that the convict grabbed the complainant’s son by the neck and threatened to slab the
son with a knife that he was carrying with him at the time he committed the offence. Further, this court is alive to the fact that
this court has issued a guideline on sentence in respect of the offence of burglary which is to the effect that the starting point
in terms of quantum of sentence for such offence is six years. This is either scaled downwards or upwards depending on mitigating
or aggravating factors. In the present case the scale tilted towards increasing the sentence in view of the aggravating factor noted
above. As a matter of fact there were no serious mitigating factors that would have let one to reduce the sentence from the said
starting point of 6 years imprisonment. If anything the starting point should have been increased. Accordingly, this court sets aside
the sentence of Thirty-Six months that was imposed on the convict for the burglary offence. In its place this court imposes a sentence
of Eighty-Four months. The sentence for the theft will not be disturbed. The sentence herein will run concurrently.
Pronounced in open Court this 11th day of November 2004 at the Principal Registry, Blantyre.