IN THE HIGH COURT Of MALAWI
CRIMINAL DIVISION
CRIMINAL APPEAL C ASE NO. 39 OF 2009

BETWEEN:

KINGSTON E KAMBALAME ................. .... .. ..... .... ........ ..... APPELLANT
-ANDTHE REPUBLIC ...................................................... ..... RESPONDENT

Coram: Hon. Justice M L Kamwambe
Chimowa of counsel for the Appellant
Miss J. Phillipa of counsel for the Respondent
H. Amos, Interpreter
JUDGMENT
KamwambeJ

This is an ap peal against sentence of the First Magistrate Court
sitting at Dalton Court in Limbe . The Appellant, 33 year old
Kingstone Ka mbalame, was on 3rd February 2009 con victed on his
own plea of guilty and was sentenced to 12 years IHL. A plea of
guilty is acc e pted as one of the strong mitigating facto rs regardless
of the gravity of the offence unless, in the judgment of the court,
such admission was made with arrogance and aban don . It is not
good practic e and it would not make good law tha t those wh o
commit serious crimes should be deprived of this mitig ating factor.
In fact, a third of the sentence should be removed from the said
sentence to benefit the offender.

HI G t-1 CO-c;n~J

- LIBRARY

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CRIMINAL DIVISION

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