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Lilongwe District Criminal Registry - 2024

2 judgments
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2 judgments
June 2024
R v Mumba (Homicide Criminal Case 157 of 2020) [2024] MWHC 23 (6 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
January 2024
R v Mwanavekha and 2 Others (Criminal Case 19 of 2023) [2024] MWHC 28 (9 January 2024)
Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
  • Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
9 January 2024