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Malawi decisions
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R v Harazi (Homicide Case 32 of 2020) [2023] MWHCCrim 15 (23 September 2023)
After a guilty plea to manslaughter, the High Court of Malawi sentenced Dyson Maxwell Harazi to 5 years’ imprisonment, balancing mitigation against the seriousness of the death.
Republic v Maliko Lazalo (Criminal Case 58 of 2017) [2021] MWHC 115 (12 October 2021)
The offence, though serious and premeditated with use of a weapon, was not the worst instance of murder to warrant death or life imprisonment. Mitigating factors included the convict's guilty plea and first offender status. Aggravating factors included premeditation and prevalence of murder. A sentence of 30 years, discounted by 4 years for time on remand, resulting in 26 years' imprisonment, was appropriate.
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Republic v Samson Magalasi (Confirmation Case 160 of 2021; Criminal Case 693 of 2020) [2021] MWHC 123 (10 September 2021)
The magistrate correctly weighed aggravating and mitigating factors, including the seriousness of the offence, the accused's youth, first offender status, lack of property damage, and unrecovered stolen property, resulting in an appropriate sentence that fits the crime, victim, offender, and societal protection.
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Republic v Paul Genti (Criminal Case 53 of 2021) [2021] MWHC 116 (3 August 2021)
Despite mitigating factors, the premeditated and serious nature of the offence, involving the killing of the convict's mother while she slept, warranted a stiff custodial sentence of 25 years' imprisonment with hard labour.
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Republic v Genti (Homicide Cause 53 of 2021) [2021] MWHCCrim 21 (3 August 2021)
A sentence of 25 years’ imprisonment with hard labour is appropriate given the premeditated nature of the offence, the use of a deadly weapon, and the seriousness of the crime, balanced against the mitigating factors of the convict’s youth, guilty plea, and remorse.
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Gama v S (Criminal Appeal 44 of 2017) [2018] MWHC 1249 (10 October 2018)
The sentence of 16 years was manifestly excessive given the appellant's age, plea of guilty, and first offender status; a sentence of 7 years with hard labour is appropriate.
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R v Molosoni (Confirmation Case 344 of 2012) [2017] MWHC 727 (18 December 2017)
The High Court of Malawi confirmed an arson conviction but reduced an 84-month sentence as manifestly excessive, ordering the offender’s immediate release.
R v Sinkhala, Simwambi and Sichela (Confirmation Case 37 of 2016) [2017] MWHCCrim 3 (21 April 2017)
The High Court of Malawi reduced sentences for two adult convicts and shortened a juvenile’s probation after finding the original penalties excessive.
Kambalame v R (Criminal Appeal 39 of 2009) [2017] MWHC 30 (4 January 2017)
The High Court of Malawi reduced a 12-year sentence for defilement to 9 years, considering a guilty plea, first-offender status, youth, and the victim’s pregnancy.
Chimenya v Republic (Criminal Appeal 8 of 2006) [2009] MWSC 40 (21 December 2009)
Appeal against sentence only in a murder conviction was dismissed. The Supreme Court of Appeal upheld the death sentence, finding the killing was deliberate and brutal.
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