R v Chafukira (Criminal Appeal 138 of 2007) [2008] MWHC 54 (21 February 2008)

IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CRIMINAL APPEAL NO. 138 OF 2007 BETWEEN HOPE CHAFUKIRA …………………………………………………………..…………. APPELLANT -VS- THE REPUBLIC …………………………………………..……………………………… RESPONDENT CORAM : : HON. JUSTICE A. K. C. NYIRENDA Salima, Counsel for the Appellant Ms Jere, Counsel for the Respondent Mrs. Kabaghe, Court Reporter Mr. Kaferaanthu, Court Interpreter JUDGMENT The Court will deliver its full judgment in Chambers. It is the finding of this Court upon a careful reading of the lower court record and having listened to the submissions in Open Court on behalf of the appellant as well as the State, the conviction cannot be supported. It is rather sad that the appellant was prosecuted at all. The sentence is also set aside. The money paid by the appellant as compensation according to the sentence imposed by the Magistrate should be paid back to him. If there is any money owing between the appellant and the complainant that was clearly a debt which will be served by the appellant in the course of the business contract between the two. PRONOUNCED in Open Court at Lilongwe this 22nd day of February, 2008. A. K. C. Nyirenda J U D G E