Republic v Dick Chigwiri and Others (Criminal Appeal No. 35 of 2004) (35 of 2004) [2004] MWHC 67 (10 October 2004);

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MALAWI

IN THE HIGH COURT OF MALAWI
PRINCIPAL REGISTRY
CRIMINAL APPEAL 35 OF 2004
THE REPUBLIC
Vs
DICK CHIGWIRI
CHARLES PIUS
ROY CHIDZANJA


From the First Grade Magistrate’s Court sitting at Chiradzulu
Being Criminal Case No. 106 of 2004

CORAM:   HON. JUSTICE F.E. KAPANDA
                  Masiku, of Counsel for the Appellant
                  Maida (Ms), Official Interpreter

Date of hearing  :        10th October 2004
Date of order    :        10th October 2004



ORDER IN CONFIRMATION


Kapanda, J:

         When this court last sat the Judge adjourned this matter to this day to consider whether an order of community service should be made. The CSO for Chiradzulu has since issued a report and has recommended the impositions of a CSO on the Defendant. The court agrees with the recommendation.

         It is therefore ordered that the sentence of imprisonment that was imposed on the convicted should be suspended on condition that the convicts do perform community service. I have now with me information on the availability of P.I. where the applicants will be accepted. Further, I have noted that both appellants have been in custody for 3 months and that if this is reduced from the sentence that was meted out there is 12 months that will have to be suspended. It is so suspended on condition that each of the applicants performs community service for a period of 480 hours.

The court offers that the appellants will have to perform community at the following institutions.

         Dick Chigwiri             Limbe Dispensary
         Charles Pius                       Chiradzulu Hospital
         Roy Chidzanja             Michiru LEA

         The Registry shall forward this file to the CSO for Blantyre so that it is effected accordingly.

Pronounced in open Court this 10th day October 2004 at Principal Registry, Blantyre.


F.E. Kapanda
JUDGE