Blantyre acting chief resident magistrate Chisomo Msokera has recommended the High Court of Malawi to review the eight-year custodial sentence handed to Mussa John for possession of Indian hemp, locally known as chamba.

In an internal memorandum dated June 27 2022 addressed to assistant registrar of the High Court (Criminal Division, Principal Registry),  the magistrate said the decision follows a debate on whether John’s eight years imprisonment sentence meets the demands of distributive justice.

Msokera said after going through similar cases, he observed that the offence John was charged with was defective as it cited a wrong punishment provision and did not cite the statute book where the offence is provided for.

Reads the memo in part: “In view of the cited irregularity in Republic v John and the length of the custodial sentence on the 19-year-old convict who is also a first offender, and considering the perceived injustice of that sentence as it relates to the sentence in Rep v Milhade and another, I invoke section 26(1) of the Courts Act in asking your superior court to exercise its supervisory powers in addition to the review on confirmation proceedings over both matters.

“It is my hope that the process of supervision and review on confirmation by the High Court shall enrich our sentencing jurisprudence to aid the courts of magistrates in meting out appropriate sentences in cases of this nature.”

Msokera’s decision to recommend the case file for review comes a day after private practice lawyer Alexious Kamangila said he would challenge John’s eight-year custodial sentence.

Limbe senior resident magistrate Byson Masonga on June 24 sentenced the Blantyre based boy to eight years imprisonment for illegal possession of 134 kilograms of Indian hemp.

In an interview yesterday, Kamangila said despite the move to review John’s file, he will proceed to challenge Masonga’s judgment.

He said there are a number of rights that are in contention surrounding John’s arrest, trial, sentencing and imprisonment.

Kamangila said: “One of the critical things why we still need to act is to seek bail, pending review. Another factor is that he is 17-year-old and was treated as an adult. A child is not supposed to be convicted. He was supposed to be heard in a Child Justice Court that did not happen. As we speak he is being illegally kept at Chichiri Prison.”

John was arrested last Wednesday and sentenced on Friday for the offence that contrives Regulation 4(a) of the Dangerous Drugs Regulations as read with Section 19(1) of Dangerous Drugs Act.

Magistrate Masonga said he passed the sentence to deter other would-be offenders.

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