Mitchell v R (Criminal Appeal 37 of 1994) [1994] MWHCCrim 8 (15 June 1994)

I I ~ Ref No SALIMA/SR/23/5/94 IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CRIMINAL APPEAL NO. 37 OF 1994 TRISTRAM ALEXANDER MITCHELL VERSUS THE REPUBLIC From the F i:..~s t Grade Magi.strate' s court at Lilongwe Criminal Case No. 484 of 1994 CORAM: MTAM130, ,T Appella.nt present, represented by Chisa71:ga For the State, Limbe, State Advocate r,aw Cle rk, Chilongo Recordi;1s; Clerk, ?1tunduwatha /1 I JUDGMENT The apoell ant . a Sri tish national a-:s~d 22, was on May 25, J.994 arrai~ned l')efore the Fi rst Gi~ade Martstrate' s court r;inglc charge of il legal cossess i on of J::1.dia,:1 at Lilongwe on P. r-cg. 4( 1) ( a) of the Dangerous Drugs Regulations as her.1p w1der the Dangerous Drugs Act . read with S .19 o f He admitted the charge a nd after hi s acceptance of the fac ts which were bofore the court as cor r,ac ,·, was '.1uff or imprisonm,mt for 12 months with ha.:~d He he.s appealed to this court against sm,tonce only. r-onvictco ~nd sentenced labou:-:-. ·to :,lay 24, the s e: O"l The fact s aro the police , who wcr,2 J 994, at an u,1sp8ci fiecl the main Salima/:•itakataka road in the dist:cict of place along that roac, became tr'avel~i ri.g on Sa lima., thu road suspicious when in a group of Malawians. ·::hat his pi pe was stuff·ea up with Indian hornp and when he was search(•c' nore of then and the substance was thG drug was we ighe d it weighed 144 .10 there arrasted and when grams. they saw the appellant sit c i,1g b,:)side Th e y stopped and found in his pockets. He was found - 2 - the that trial. '()roaecution "':he~cby savoc~ I have said that Ee pleaded gu ilty an.ct intended for bis own corisumption. is against sentence only. the app2al And as I have already said, ho is aged He is a first offcw~ :,r. tho 22. (3Xpense and troubl e of a Tho substance was little and In s cmten.cinr;, clearly the Magistrate o'.:)served is pr0valm,t especially the offence among tourists and exnressed fear th:1t this may give the imm~ession type of offence that 1 agree. However, if meaningful sentences :ire not ho.ndod down . I :'l fin e in which the circumstt1.',c0 s which should ha' r:) the s o,1tence I have men tioned nbove. ,Ju.:ic 10, 1994 1:1.nd of 12 months I substituted thc rGfor .::i. fino of K2 ,000 or , in dcf-:,.ul t of payment• imnrisonmont; for six noritl-ts with h:-.rd labour. nm of the view that this is a propc:r case the country is fartiJ.c ground for imprisonment in opon cou-r t on imposed, considoring I s8t ,:;side ,\ccordingly , this 1lcen The <1ppeal t horGforo succ 2edcd to thr).t cxtont only. MADE in Ch;:imbcrs this 15th d2,y of Ju:, o, 1994 a t Lilongwe.