THE HIGH COURT OF MALAWI
CRIMINAL APPEAL NO. 139OF
From the First
Grade Magistrate Court sitting at Dedza. Being Criminal Case No. 166
Counsel for the State
Present & Unrepresented
Kabaghe, Court reporter
appellant Flora Jeke appeared before the First Grade Magistrate Court
sitting at Dedza on 14th
November, 2007. It was on a charge of unlawful wounding contrary to
section 241(a) of the Penal Code. She was convicted on her
of guilty and sentenced to 18 months penal servitude.
careful examination of the court record it would appear that the root
cause of animosity between complainant and appellant is
a man. The
husband of appellant. That man was alleged to be having an illicit
affair with complainant. The appellant was displeased.
complainant and appellant are related, the relationship soured.
This culminated to the incident of 12th
November, 2007 when they engaged in a showdown. Appellant used a
weapon. It is not clear whether it was a razor blade or pangaknife.
She inflicted wounds on the complainant and her mother. They
received treatment at the district hospital, Dedza. Medical reports
are marked ex1. Police arrested appellant and prosecuted her on the
offence of unlawful wounding.
appeals to this court against sentence only. That she is a first
offender and that she pleaded guilty. That she has a young
take care of.
state opposed the appeal in that the mitigating factors were already
taken into account. That the custodial term is appropriate.
the trial court did consider mitigating factors in favour to the
appellant, but considered it appropriate to impose a custodial
The trial court cannot be faulted. However, she is still a young
woman of about 20 years and she has a young child to look
would consider her appeal on humanitarian grounds. The conviction is
confirmed, but the sentence of 18 months I.H.L.
is substituted with
such sentence that would result to her immediate release unless held
on other lawful ground.
in Open Court this 20th day of February, 2008 at Lilongwe District