THE HIGH COURT OF MALAWI
APPEAL NO. 128 OF 2007
CORAM : HON.
JUSTICE A.K.C. NYIRENDA
Counsel for the Applicants
Jere, Counsel for the Respondent
Kabaghe, Court Reporter
appellant pleaded guilty to a charge of breaking into a building and
breaking a felony contrary to section 311 of the Penal
Code. He was
accordingly convicted and sentenced to 20 months imprisonment with
hard labour. He now appeals against sentence.
gist of his appeal is that being a first offender and having pleaded
guilty the trial magistrate should have addressed her mind
sections 339 and 340 of the Criminal Procedure and Evidence Code.
She did not as a result imposed a sentence which is felt
items stolen were recovered in full. Indeed I bear in mind what has
been submitted on behalf of the appellant. He showed remorse
regret by pleading guilty. I must say however the circumstances of
the offence speak for something more serious. The appellants
prior knowledge of the place where they went to steal. The first
appellant had been a watchman at the place and it seems he
the weakness with the locking system. He took advantage of that
knowledge and the weakness of the system.
custodial sentence cannot be faulted. I would however in the entire
circumstances of the case reduce the sentence from 20 months
imprisonment with hard labour to 12 months imprisonment with hard
labour. I order accordingly.
in Open Court at Lilongwe this 22nd
day of February, 2008.
UD G E