IN THE HIGH COURT OF MALAWI
CONFIRMATION CASE NO. 1775 OF 2006
CORAM: THE HONOURABLE JUSTICE E. B. TWEA
Miss Kumitengo, of Counsel
for the State
Accused present and unrepresented
S. P. Moyo Official Interpreter
R U L I N G
This case was set down to consider reduction of
sentence. The convicted was charged and convicted for the offence of
a building and committing a felony, to wit, theft,
therein. He was sentenced to 2½ years imprisonment.
The trial court when sentencing him took into account
his plea of guilty and that he was a young person. However, it also
into account the aggravating factors which were, theft of
donated food for the benefit of the poor and vulnerable people,
the image of the Government and non recovery of the
stolen items: to wit, 15 litres of cooking oil.
The State did not support the reduction. I have
considered the factors in mitigation and, in my view, since the
for Magistrates recommend a stating point of 3
years and a discount of up to one third of the sentence for timely
plea of guilty,
I would allow one year discount from the starting
point. I therefore reduce the sentence to 2 years I.H.L.
I therefore set aside the sentence to 2½ years
imprisonment and substitute therefore a sentence of 2 years I.H.L.
Pronounced in Open Court
this 27th day of
February, 2008 at Blantyre.
E. B. Twea