High Court of Malawi - 2007 April

5 judgments
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Results. 5 judgments found.

5 judgments
April 2007
Statutory immunity under s153 does not bar damages where customs authorities unlawfully and in bad faith detain conveyances.
  • Customs law — s153 immunity for acts done in good faith — bad faith (mala fides) exception — unlawful/delayed detention of conveyances — res judicata inapplicable — originating summons appropriate — damages for loss of business
15 April 2007
Conviction on an unequivocal guilty plea affirmed; sentence reduced from 36 to 24 months due to youth and first-offender status.
  • Criminal law — Dangerous drugs — Possession of Indian hemp (3,240g) — Guilty plea — Conviction confirmed — Sentence manifestly excessive — Young first offender — Sentence reduced from 36 to 24 months with hard labour.
15 April 2007
Conviction on guilty plea confirmed; sentence reduced from 36 to 24 months for possession of Indian hemp.
  • Criminal law — Dangerous Drugs Act — possession of Indian hemp (3240g) — guilty plea and admission of facts — conviction confirmed — sentence manifestly excessive — reduction from 36 to 24 months — mitigating factors: youth and first offender.
15 April 2007
Conviction on an unequivocal guilty plea confirmed; sentence for possession of 3,240g Indian hemp reduced from 36 to 24 months.
  • Criminal law — Dangerous Drugs — Possession of Indian hemp (3,240g) — Guilty plea and admission of facts — Sentence review — Excessive sentence — Youth and first offender as mitigating factors.
15 April 2007
Conviction on an unequivocal guilty plea confirmed; 36‑month sentence reduced to 24 months due to youth and first‑offender status.
  • Criminal law — Plea of guilty — Conviction confirmed where plea and supporting facts are unequivocal; Sentencing — Manifestly excessive sentence reduced — possession of dangerous drugs; youth and first offender status material to sentencing.
15 April 2007