IN THE HIGH COURT OF MALAWI
CONFIRMATION CRIMINAL CASE NO. 1746 OF 2007
CORAM: THE HONOURABLE E. B. TWEA
Miss Kumitengo, of the
Counsel of State
Accused present in person
Mrs S. P. Moyo
R U L I N G
The convicted was charged with burglary. He pleaded not
guilty but the court found him guilty after a full hearing.
The facts were that the complainant was in his house
preparing to sleep. At around 9:00 p.m. he noted that someone was
the door, and was entering into the house. He gave a chase
and arrested him. The arrested person was the convict.
In his defence the convict told the court that he fought
the complainant after they quarrelled at a video show. The
and his friends then stripped him of his clothes and took
him to police on allegations of theft.
The court did not believe him and rightly so. He never
raised this when he was cross examining the complainant. Again,
he was cross examined by the State he denied having, had any
quarrel with the complainant. In fact he alleged that he did not
know the complainant.
I find that the conviction was properly grounded. The
court drew a proper inference that he intended to steal from the
On review, the Judge was of the view that the sentence
be reduced. The State did not fully support this. The Sentencing
recommended a starting point of 6 years. In this case the
convict denied the charge although he was caught after a chase from
the house that he broke. The court took into account that he is a
first offender and was responsible for his old grandmother, and
sentenced him to 4 years Imprisonment with Hard Labour. I do not
find any other mitigating factor that would justify lowering
I concur with the State. The sentence of 4 years
imprisonment is hereby confirmed.
Pronounced in Open Court this
27th day of
February, 2008 at Blantyre.
E. B. Twea