State concedes teen sentence excessive

The State has conceded that convicted teenager Mussa John’s eight-year custodial sentence by Limbe Magistrate’s Court for illegal possession of Indian hemp weighing 134 kilogrammes was excessive.

Ministry of Justice senior State advocate Gift Msume said this in the High Court of Malawi yesterday during the review of the case file following acting Blantyre chief resident magistrate Chisomo Msokera’s recommendation.

He said while the magistrate’s court followed procedure in convicting and sentencing the convict, there were some minor errors made, but can be addressed by Section 3 and 5 of the Criminal Procedure and Evidence Code.

Msume said: “But on the sentence, we have agreed with lawyers for the convict that eight years was on the higher side, considering the mitigation factors which were in the matter.”

In her submission, one of John’s lawyers, Chikondi Chijozi said the magistrate’s court erred in accepting a guilty plea from John in circumstances where it contradicted his caution statement which indicated that the he was not in possession of the Indian hemp.

She further argued that the magistrate’s court erred in proceeding to accept the applicant’s plea of guilt without giving due notice and opportunity to seek and obtain legal aid in view of the seriousness of the offence.

Chijozi said: “The element of possession was also not proved in court. The applicant did not enter any plea and he was charged and sentenced for something else.”

Before the commencement of the case review, the State and defence tussled over John’s age as the defence, led by private practice lawyer Alexius Kamangila argued that John was 17 and not 19 as the court records show.

of age is very critical inPresiding High Court Judge Vikochi Chima ordered the defence to file a formal application on the convict’s age by July 14.

John was arrested on June 22 2022 and sentenced two days later.