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Zomba District Registry - 2016

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1 judgment
January 2016
E.L v Republic (Criminal Case 36 of 2016) [2016] MWHC 752 (19 January 2016)
Guilty plea to ambiguous HIV-transmission charge quashed; conviction and custodial sentence set aside for unfair trial and excessiveness.
  • Criminal law — section 192 Penal Code — negligent/unlawful/reckless acts likely to spread disease; Plea-taking — requirements under s251; Defective/duplicitous charge — effects on fair trial; Proof of ‘‘likely’’ transmission and knowledge — necessity of expert evidence; Sentencing — best interests of child and non-custodial preference for mothers; Constitutional challenge — vagueness and overbreadth of disease-transmission offence.
19 January 2016