An 18-year-old boy, Liasan Thomas, has been freed by the Malawi High Court after his conviction for defilement was overturned. Thomas had been sentenced to 10 years in prison by the Phalombe Magistrate Court in May 2023.
The incident involved a 16-year-old girl with whom Thomas was in a relationship. He was caught red-handed in the girl’s bedroom by her uncle.
Following his conviction, Thomas sought legal aid and was represented by Senior Legal Aid Advocate Alfred Masamba and ALAO Sinthani Sisya.
“In the appeal, the Bureau contended that the age disparity, the relationship between the parties, and comparable case authorities ought to have been taken into account and that the Magistrate erred in law by imposing a 10-year sentence on the appellant.
“The reason why the Magistrate erred in imposing the 10-year sentence was because the convict and the victim were in a relationship, and there was no abuse or force used. The age gap between the convict and the victim was two years.
“and comparable cases from the High Court have argued not to punish defilement convicts where the convict is young and there was a relationship with the victim. The boy further pleaded guilty to the offence in the lower Court”, reads a statement from the Legal Aid Bureau.
The Bureau requested the application of Section 337(1)(b) of the Criminal Procedure and Evidence Code to discharge Thomas.
The section states that “Where in any trial for an offence, the court thinks that the charge is proved but is of the opinion that, having regard to the youth, old age, character, antecedents, home surroundings, health or mental condition of the accused, or to the fact that the offence has not previously committed an offence, or to the nature of the offence, or to the extenuating circumstances in which the offence was committed, it is inexpedient to inflict any punishment, the court may — (b) convict the offender, and if probation is not appropriate, make an order either discharging him absolutely or, if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified therein“.
The Court agreed with the Bureau’s argument. Thomas was released after spending over a year behind bars.
