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Lilongwe District Registry - 2023 July

2 judgments
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2 judgments
July 2023
R v Matemba (Criminal Cause 5 of 2023) [2023] MWHC 31 (11 July 2023)
Whether a prosecution under the Corrupt Practices Act is ‘instituted’ on arrest/charging or only when the accused is called to answer the charge.
  • Criminal procedure — Corrupt Practices Act — requirement of DPP written consent to institute prosecutions — meaning of ‘instituted’ (arrest/charging/remand v. being called to answer/plead) — repeal of consent requirement and retrospectivity — General Interpretation Act s.14.
11 July 2023
R v Dr Chilima (Criminal Case 10 of 2023) [2023] MWHC 30 (3 July 2023)
Whether late service of a charge-sheet and pre-plea disclosure obligations justify adjournment and set timelines for evidence disclosure.
  • Criminal procedure — service of charge sheet; section 151(1) CP&EC — pre-plea disclosure of evidential material; fair trial and equality of arms; right to legal representation; adjournment and timelines.
3 July 2023