THE HIGH COURT OF MALAWI
APPEAL CASE NO 59 OF 2004
the First Grade Magistrate Court sitting at Lilongwe. Being criminal
case no 187 2004
P. Kayira, Counsel for the State
Mlenga, Court Interpreter
Namagonya, Court Reporter
appellant Bisiwasi Jackson appeared before the First Grade
Magistrate Court sitting at Lilongwe on 11th
November, 2003. It was on a charge of Robbery contrary to section
301 of the penal code. Particulars aver that the appellant
October, 2003 at Biwi Location in the city of Lilongwe robbed
Christopher Gondwe K12,000 cash.
Appellant submits that
he was convicted of an offence which he did not commit. He also
appeals against sentence which he claims
is manifestly excessive.
Facts show that Mr
Berrings Gondwe (Pw2) operates a bottlestore at Biwi trading centre.
His son Christopher Gondwe (complainant)
manages the bottlestore.
There are also workers. On the night of 18th
October, 2003, the complainant was at the bottlestore with customers.
Four youngmen came in the bottlestore to play a game.
was started by appellant and his colleagues apparently on the use of
tokens. These tokens are used in a certain
game. Appellant picked
tokens and ran away. Complainant ran after him in order to retrieve
the tokens. Three appellants colleague
were running behind
complainant. Appellant stopped to attack complainant. Appellants
colleague called Davie hit complainant
on the face with a bottle.
Complainant fell down helplessly. Appellant and colleague quickly
searched complainants pocket.
They took away a wallet which
contained K12,000 cash. They ran away. Complainant was helped by
customers. He reported the matter
at Kawale police station. He was
treated at Kamuzu Central Hospital.
complainant saw appellant at a bottle store in Kawale. He
immediately informed police who arrested him. At the
appellant denied knowledge or involvement of the incident. But after
full trial the lower court convicted him of robbery
Counsel for the state
submitted that there was ample evidence to support the conviction.
First that appellant was in the bottlestore
where there was light.
That complainant ran after appellant in order to retrieve tokens. He
caught him but one Davie hit complainant
with a bottlestore to rescue
appellant. At the time of trial Davie was still at large. Third when
complainant saw appellant in
a bottle store he identified him. There
is no suggestion that it was mistaken identity. This court supports
the finding of the
lower court that appellant participated in the
robbery. Appeal against conviction fails.
On sentence the state
prayed that it be reduced to 2 years because of the mitigating
circumstances. The sentence is reduced to
30 months I.H.L. Appeal
succeeds to this extent only.
Pronounced in Open
Court on this 24th
day of March, 2005 at Lilongwe.