R v Nyasaland (Confirmation Case 269 of 1996) [1996] MWHC 11 (29 February 1996)

IN THE HIGH COURT OF MALAWI                                          PRINCIPAL REGISTRY                            CONFIRMATION CASE NO. 269 OF 1996                                                THE REPUBLIC                                                      VERSUS                                          HARRY  NYASALANDI From the Senior Resident Magistrate’s Court at Zomba Criminal Case No. 274 of 1995 CORAM:    MWAUNGULU, J Kalolokesya, State Advocate for the State Accused, present and unrepresented Chilunga, Official Interpreter Mwenyeidi, Recording Officer Mwaungulu J                                                   JUDGMENT This case was set down by the Reviewing Judge to consider the propriety of the conviction.  The defendant, Harry Nyasalandi, was convicted by the Senior Resident Magistrate at Zomba of the offence of cheating contrary to section 321 of the Penal Code.  He was sentenced on each count to fines.  The Court also ordered compensation out of the fines.  The sentences do not concern us here.  It is the conviction which doers. The story on each count is the same.  The defendant borrowed cameras from his friends.  He has not returned them.  The defendant is charged with offences under section 321 of the Penal Code: On the facts there is no evidence of any trick or device deployed.  The convictions cannot be sustained.  They are set aside and so are the sentences. Made in open Court this 1st day of March 1996 at Blantyre.                                                D. F. Mwaungulu                                                       JUDGE