Mzumara v R (Criminal Appeal 119 of 2017) [2018] MWHC 1198 (24 October 2018)

-- \ / REPUBLIC OF MALAWI IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY CRIMINAL DIVISION CRIMINAL APPEAL CASE NUMBER 119 OF 2017 BETWEEN LINGSTON MZUMARA AND THE REPUBLIC . CORAM: Honourable Justice T. R. Ligowe D. Shaibu, Counsel for the State N. Mdazizira, Counsel for the Accused G. Msukwa, Court Clerk J. N. Chirwa, Court Reporter JUDGMENT 1. Lingston Mzumara was tried of house breaking and theft before the First Grade Magistrate sitting at Rumphi and convicted . He broke into the house of Ulemu Bazaar and stole from there a blanket worthy K25,000 .00 . 2. On 18th May 2017, Ulemu Bazaar went to work and closed the door to his house by tying it with a string. When he came back, he found his blan ket "Generally for an ordinary burglary or house breaking where the defendant is young, offends for the first time and pleads guilty, this court approves a sentence of 3 years imprisonment." 11. Indeed the manner in which· Lingston Mzumara committed the offence indicates no violence as earlier stated. 12. Apart from his young age and being a first time offender, the blanket was recovered. He had sold it, and it was recovered from the purchaser, in which case, the First Grade Magistrate, considered he had benefitted from the crime, but still, in my view, the mitigating factors outweigh the aggravating factors. 13. I will repeat what the court said in the case of William Hasan that the gravity of the offence of house breaking is in the nature of the offence and not the amount or quantity of property stolen. That is a factor to consider on the theft count . 14. The appeal in this case is only against the sentence of burglary. 15. In view of the circumstances obtaining in the present case, I agree that 7 years is manifestly excessive and I reduce it to imprisonment for 3 years with hard labour. 16. Made in open court this 24th day of October, 2018. f~ JUDG ~ 3