High Court of Malawi - 2024 June

3 judgments
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Results. 3 judgments found.

3 judgments
June 2024
Court upheld Penal Code provisions criminalising certain same-sex sexual conduct and dismissed constitutionality challenges.
  • Constitutional law — Criminal law — Sections 153(a), 154, 156 Penal Code — Whether offences criminalising "carnal knowledge against the order of nature", attempts and male-on-male gross indecency violate rights to equality, privacy, dignity, personal liberty and fair trial — Interpretation of the Constitution — Scope of right to privacy — Presumption of constitutionality — Locus standi — Referral procedure for constitutional questions.
28 June 2024
Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
  • Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
19 June 2024
Whether a spouse’s omission to obtain urgent care plus toxicology and circumstantial evidence establish murder.
  • Criminal law — Murder: elements (death, unlawful act/omission, malice aforethought) — Circumstantial evidence and last-seen doctrine — Post-mortem toxicology and algor mortis — Omission by spouse to obtain urgent care as actus reus/mens rea — Admissibility/weight of caution statement.
6 June 2024