THE HIGH COURT OF MALAWI
CRIMINAL CASE NO 141 OF 2005
THE PRINCIPAL RESIDENT MAGISTRATE COURT AT LILONGWE
Z. Ntaba, Principal State Advocate
Kabaghe, Court Reporter
Simwaka, Court Interpreter
U D G M E N T
matter comes to this court by way of appeal against sentence meted by
the Principal Resident Magistrate. The appellant appeared
the learned magistrate charged with the offence of robbery contrary
to Section 301 of the Penal Code.
appellant who is twenty years old pleaded guilty to the charge of
robbery and the court convicted him on his own plea of guilty.
facts of the case are that the appellant and his accomplice robbed
the complainant, Mr Batoni Asseni of a CD Player at City
the City of Lilongwe. The value of the property was K60,000.00.
The circumstances being that the appellant was aware
complainant had a CD Player that he wished to sell on behalf of his
nephew who is in South Africa. The appellant and
visited the complainant and told him that they had found a potential
buyer. They offered to get the complainant
to the potential buyer
in a motor vehicle. They all boarded the motor vehicle. There were
three accomplices in the motor vehicle
at this juncture. They went
to Annies Lodge where one of them was to meet the potential buyer.
The complainant did not go into
Annies Lodge with them. The
complainant left an accomplice at Annies Lodge and boarded the
vehicle up to City Centre. At
City Centre the appellant and the
accomplice told the complainant to drop off the vehicle. The
complainant refused, saying he
could not drop off the vehicle as his
nephews DVD player was still in the vehicle. The appellant and his
accomplice slapped the
complainant and threw him out of the vehicle,
whilst the vehicle was in motion. The complainant tried to cling to
and was dragged for a distance and then he fell off. As
he had no transport, he walked to Biwi where he reported the matter
one Chipiliro Misi and they agreed to report the matter at
Lilongwe Police Station. Inquiries were made and after sometime the
police recovered the DVD player in Area 25 where it was sold.
mitigation the appellant stated that he is an orphan who suffers from
Tuber Culosis T.B. and was injured by an angry mob.
prosecution submitted that the appellant is a first offender. In
sentencing, the learned magistrate considered the fact that
appellant had pleaded guilty and is a first offender as the
mitigating factors. The magistrate also considered the aggravating
circumstances. The appellant and his peers actually planned that
they were going the complainant of the DVD player on the material
day. So they got him on the motor vehicle and took him on the
lonely street behind. Bisonwaty filling station where they
intended to dump him after getting his DVD player. As they dumped
him and the complainant attempted to stick to the vehicle, they
mercilessly continued to push him and accelerate the vehicle. And
they were doing this to an old man. The maximum sentence
robbery where the offender is in company with one or more other
person or persons, or if at the time of the robbery he beats,
or uses any other personal violence is death or life imprisonment.
The circumstances of the robbery in this particular
matter produces a
clear picture that the appellant in the matter though young and first
offender, he deserved a meaningful custodial
sentence. In fact four
and a half years (4½).
The application against sentence is dismissed.
in Open Court this 16th day of August 2006.
U D G E