Country
Court
Type of court
Seat of court
Blanthyre
Court jurisdiction
Date of opinion
2017
Abstract
This is an appeal case based on arguments that the sentence of imprisonment is excessive when the magistrate could have imposed a fine and that the order for forfeiture was wrong.
Language of document
English
Reference number
[2017] MWHC 92
Charges
In the subordinate court Criminal charges were proffered on 35 accused persons under criminal cause no. 1745 of 2016 after a group of people had entered a protected area, namely Lengwe National Park, without authority and committed criminal' activities.
Transnational
No
Decision
The court dismissed the application for bail pending appeal and the prayei; by the applicants that the motor vehicle in issue be under the Registrar of the High Court until after the determination of the appeal was granted.
Appealed
Yes
Court cases cited
Yamikani Letasi v Republica MSCA Criminal Appeal no. 13 of 2016 (unreported)(l l January 2017)
13. Chimbanga v Republic MSCA Criminal Cause no. 1 of 2017 (unreported)
Christopher Dzole v Republic MSCA Criminal Appeal no. 14 of 2016 (unreported)(l l'h January 2017)
Mekiseni and others v Republic MSCA Criminal Cause no. 14 of 2015 (unreported)(22 March 2016)
Emmanuel Uche v Republic Criminal Appeal no. 110 of 2015
Kenneth Kumuwa, Lameck John and Brighton Makopolo v Republic High Court Principal Registry, Bail Application Case no. l 07 of 2012 (unreported 7 August 2013)
Suleman v Republic [2004] MLR 398 (SCA).
Zgambo v Republic [1999] MLR 405 (SCA)
Legislation cited
National Parks and Wildlife Act (Act No. 11 of 1992)
Criminal Procedure and Evidence Code