IN THE HIGH COURT OF MALAWI
CONFIRMATION CRIMINAL CASE NO. 842 OF 2007
CORAM: THE HONOURABLE JUSTICE E. B. TWEA
Miss Kumitengo, of Counsel
of the State
Mrs S. P. Moyo
R U L I N G
The convict was charged and convicted of theft from a
person and sentenced to 2 years imprisonment. The review Judge was
view that the sentence was excessive.
On confirmation the State submitted that the sentence
was not excessive and should be confirmed.
The facts of the case were that the victim, a second
hand clothes vendor came to buy supplies in Limbe. She had a handbag
she wore a scumber in which she put her money. As she left
Oyamba shop going toward Mapeto Wholesalers shop she noticed that
boys were following her. She walked on to a minibus, but one of
the boys grabbed her, and the other grabbed her scumber. He searched
the pockets and took the money. She grabbed the convicts hand and
never let go. As she was pulling him towards Mapeto shop
policemen came and arrested him. They all went to the police station
where the complaint was filed. The money, worth K10,
I would agree with the State that the sentence is not
excessive. The only mitigating factor in favour of the accused is
However, he was part of a gang of four that must have been
monitoring the complainant when she was buying goods in Oyamba shop.
They knew she had money and where she kept it. They gingerly
followed her and attacked her at a minibus terminal in full view
the public. These are not thieves that are driven by opportunity.
They plan and research their victims. They were confident
enough to attack her at a minibus where one would have thought she
would have been safe. Further, in spite of being
arrested in the
execution of the crime, he pleaded not guilty. He did not show any
This court should not lose sight of the prevalence of
such offences in township. Businessmen and shoppers are in constant
of pickpockets and robbers when shopping in Limbe. It is the
duty of the court to protect the public from the likes of the
by passing meaningful sentence.
I therefore confirm the sentence of 2 years
Pronounced in Open Court this
27th day of
February, 2008 at Blantyre.
E. B. Twea