Mazinga Luciano Office v R (Criminal Appeal 3 of 2018) [2018] MWHC 1114 (19 March 2018)

Office v Rep HC/PR Crim App 3 of2018 , ____ ·- ........ ~- ·CfJ~ 1rJ---r ' HIGH l i..18R Afi~, , ~ . IN THE HIGH COURT OF MALA WI PRINCIPAL REGISTRY CRIMINAL DIVISION CRIMINAL APPEAL No. 3 OF 2018 (eCMS 8 of2018/ CSA/HC/CA/2 /2018) (being Criminal Case No. 110 of 2017, SGM, Makande Magistrates ' Court) MAZINGA LUCIANO OFFICE V THE REPUBLIC ORDER ON APPEAL Upon hearing the appellant and the respondent this court finds that there was insufficient circumstantial evidence for the trial court to convict the appellant for the offence that he was charged with. The evidence in the lower court raised doubts as to whether the cows which were found with PWl belonged to the complainant and were stolen by the accused person. The prosecution failed to explain how the cows were identified to be those stolen from the kraal of the complainant. This court allows the second ground of appeal and proceeds to quash the conviction. The accused person having been acquitted the sentence meted out in respect thereof is set aside. Full reasoned judgment is reserved. Consequently, the accused is to be set at liberty forthwith unless he 1s Pronounced in open court this 19JI =r ~18 at Chichiri, Blantyre. otherwise lawfully held. Case information: Date of hearing Mr. Lewis Bande Mr. Samuel Chisanga Mrs. Msimuko Ms. Million Dorothy nyaKa:nda ~anga JUDGE 2ih February 2018. Counsel for the Appellant. Senior State Advocate for the Respondent. Court Reporter. Court Clerk. Page 1 of 2