High Court of Malawi - 2020 November

15 judgments

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15 judgments
Citation
Judgment date
November 2020
The accused were convicted of obtaining money by false pretences, misuse of public office, forgery and uttering false documents.
Criminal law – Obtaining by false pretences; Corrupt Practices Act – misuse of public office; Forgery and uttering false documents; Evidentiary reliance on forensic handwriting analysis and circumstantial/common-intention proof; Burden of proof – beyond reasonable doubt.
29 November 2020
Registrar taxed applicants’ bill at MWK73,599,329.30, disallowing party costs for in‑house counsel and permitting two counsel to be indemnified.
Costs assessment — Registrar’s discretion on number of counsel; in‑house counsel and indemnity for party‑and‑party costs; inclusion of Judicial Review work in taxed bill following certification as constitutional matter; taxation of bill to MWK73,599,329.30.
26 November 2020
Accused acquitted due to involuntary confession, insufficient evidence, and unresolved jurisdictional doubts.
Criminal law — admissibility of cautions — involuntary confession obtained under alleged beating and illiteracy; Territorial jurisdiction — section 5 Penal Code — offences partly committed abroad; Proof beyond reasonable doubt — insufficient eyewitness identification and missing State witnesses; Common intention (section 22) — murder not a probable consequence of drug-dealing enterprise; Police investigative deficiencies and unlawful coercion.
24 November 2020
20 November 2020
17 November 2020
16 November 2020
11 November 2020
11 November 2020
11 November 2020
11 November 2020
10 November 2020
9 November 2020
9 November 2020
6 November 2020
3 November 2020