R v Thyokanyanga (Confirmation Case 560 of 2002) [2002] MWHC 84 (17 April 2002)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CONFIRMATION CASE NO. 560 OF 2002 THE REPUBLIC VERSUS MABVUTO THYOKANYANGA he Second de i e's Sitti at Nsanje: Criminal case No, 33 of 2002 CORAM: HON. MR JUSTICE F. E. KAPANDA Miss Nayeja, of Counsel for the State Advocate Accused, present and Unrepresented Mr Nthole, Official Interpreter Date of hearing: 17th April 2002 Date of Order : 17th April 2002 Kapanda, J ORDER IN CONFIRMATION The defendant, Mabvuto Thyokanyanga, was jointly charged with two other people. The three were indicted with the offences of housebreaking and theft. The defendant herein pleaded guilty to the charge of housebreaking. The court proceeded to enter a conviction against him and sentenced him to serve a custodial ferm of imprisonment of fifty-four (54) months. The Co-accused were convicted affer a full trial and a term of imprisonment of forty-two (42) months was imposed on them. The reviewing judge caused this matter to be set down fo consider the sentence meted out on the defendant who had pleaded guilty. The judge was of the view that the punishment meted out on the defendant was excessive due regard being had to the fact that the Co-accused got higher sentences even though they pleaded not guilty. In short, the reviewing judge thought that the disparity in the sentences was not Jjustified. This court sees nothing wrong with the difference in the quantum of sentences meted out on the defendants. It is to be observed that disparities in sentences is allowed at law as long as the court demonstrates the reasons for imposing different sentences on defendants who are jointly charged. In the instant case the court below gave reasons for imposing what appears to be a stiffer penalty for the defendant who had pleaded guilty fo the count of housebreaking. Further, the court has observed that the convict herein is a repeat of fender unlike the other defendants he was jointly charged with. For the reasons given above the sentences on the defendant should not be disturbed and it is hereby confirmed. Pronounced in open Court this 17th day of April 2002 at the Principal Registry, Blantyre. @, F. E. Kapanda JUDGE