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High Court of Malawi - 2011 February

3 judgments
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3 judgments
February 2011
R v Mwaungulu (37 of 2010) [2011] MWHC 1 (20 February 2011)
Conviction for burglary and theft quashed where circumstantial evidence failed to prove the accused's guilt beyond reasonable doubt.
  • Criminal law — Burglary and theft (s311) — Circumstantial evidence — Identity of accused — Burden and standard of proof — Conviction unsafe where chain of circumstances does not exclude reasonable hypotheses of innocence.
20 February 2011
R v Manda (21 of 2010) [2011] MWHC 2 (16 February 2011)
Unsworn child testimony needs independent corroboration; medical and adult evidence can validate a defilement conviction.
  • Criminal law — Defilement — Elements: penetration, victim under 13, accused’s knowledge; Unsworn child testimony requires independent corroboration; Two minors’ unsworn statements cannot corroborate each other; Corroboration may be provided by adult eyewitnesses and medical evidence; Circumstantial evidence must exclude reasonable hypotheses of innocence.
16 February 2011
Ex -parte Muluzi (3 of 2011) [2011] MWHC 3 (9 February 2011)
Whether government may condition a former president's statutory right to free medical treatment abroad on a local referral procedure.
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9 February 2011