R v. Victor

The appellant was convicted by the Third Grade Magistrate Court of two counts of theft and sentenced to six months in prison with hard labor. She appealed her sentence to the High Court and asked the Court to consider a non-custodial sentence instead because she was pregnant and about to give birth. The High Court reduced the appellant’s sentence to time served and admonished the Magistrate Court for sentencing her to imprisonment without considering her status as a first-time offender and a pregnant woman as required by sections 339 and 340 of the Criminal Procedure and Evidence Code. The court also cited the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders which recommends that women who are pregnant or who have dependent children receive non-custodial sentences where appropriate and custodial sentences when they have committed violent crimes or present a continuous danger. 

Topics

• Abortion and reproductive health rights
• Gender discrimination
• International law

Geographical location

• Africa
• Malawi

Keywords

• criminal law and procedure
• pregnancy
• sentencing

Year

• 2020

External URL

• R v. Victor

Court

• High Court of Malawi

Type

• Domestic Case Law

Jurisdiction

• Malawi