IN THE HIGH COURT OF MALAWI
LILONGWE DISTRICT REGISTRY
CONFIRMATION CASE NO 67 OF 2005
THE STATE
V
YASIN SULUMA & THE OTHER
CORAM : JUSTICE I.C. KAMANGA (MRS)
Mkwamba; State Advocate for the State
Defendant; Present/unrepresented
Namagonya(Mrs); Court Reporter
Simwaka(Mrs); Court Interpreter
R U L I N G
This matter was set down to consider the sentence that was meted on the defendant as the reviewing judge was of the opinion that the sentence was manifestly excessive, regard being had to the circumstances of the case. The defendant is Yasin Suluma. He was convicted of the offence of robbery. He was eighteen years old at the time of the prosecution of the matter. He pleaded guilty. The presiding magistrate meted a sentence of four years which is the subject of this judgment.
The particulars of the matter for which the defendant appeared before court are as follows: Yasin Suluma and his friend robbed Mr Francis Debola of K5, 000.00 cash at Bwalolanjobvu in Lilongwe. The circumstances being that the defendant and his gang threatened to use actual violence to the complainant as they robbed him. He pleaded guilty in court. In sentencing, the magistrate took into consideration the fact that the defendant is a very young, first offender who pleaded guilty. He however noted that the defendant had undertaken a gang activity. He noted the seriousness of the offence of robbery and concluded that the best sentence for the defendant would be a custodial sentence. In Matias Maganizo v The Republic (Criminal Appeal No 5 of 1997), the court noted that a plea of guilty, youthfulness and being a first offender should be disregarded in cases of robbery. The court further observed that where robbery is committed by more than one person, the offences magnitude is enhanced and poses as a great threat to society. At the other end of the balance, the courts are usually encouraged, when sentencing young offenders to take into consideration their age as a mitigating factor especially where the offender is under the age of 21 years R v Ngambi 1971-72 6 MLR at 457. Taking all factors into consideration, i.e. appreciating the seriousness of the offence that the defendant herein committed as well as the circumstances, as well as the authorities that courts have so far laid. I am inclined to agree with the State that the circumstances in the case merit a custodial sentence of 2 years imprisonment with hard labour. Consequently the defendants sentence is reduced from 4 years imprisonment with hard labour to 2 years imprisonment with hard labour.
Made in Open Court this 11th day of August, 2005
I.C. Kamanga
J U D G E