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Lilongwe District Criminal Registry - 2018

2 judgments
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2 judgments
November 2018
Kaferawanthu v State (Criminal Appeal 88 of 2018) [2018] MWHC 1339 (21 November 2018)
Conviction for theft by conversion upheld; sentence reduced due to trial court's impermissible sentencing considerations.
  • Criminal law — Theft by conversion — Lawful initial possession can be converted into theft by subsequent dishonest acts (failure to return, dismantling parts).; Sentencing — Appellate interference where sentence is based on wrong principles or manifestly excessive.; Sentencing principles — Family conduct and ability to afford counsel are irrelevant and impermissible considerations in sentencing.
21 November 2018
October 2018
Mwatulapansi v R (Criminal Appeal 21 of 2018) [2018] MWHC 1338 (12 October 2018)
Whether a clear guilty plea and properly drafted charge sustain conviction for unlicensed possession of medical products; sentence reduced.
  • Criminal law — guilty plea — plea clarity and effect; Sufficiency of charge under Pharmacy, Medicines and Poisons Act (s.45, s.65); Valuation of seized medical products — evidential role; Sentencing — application of Fines (Conversions) Act, proportionality and reduction of sentence.
12 October 2018