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Zomba District Registry - 2021 October

2 judgments
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2 judgments
October 2021
Brake v R (Criminal Appeal 29 of 2018) [2021] MWHC 396 (28 October 2021)
CCTV and circumstantial evidence upheld convictions for burglary, vehicle theft and robbery; sentences affirmed and made consecutive.
  • Criminal law — right to call witnesses — admissibility and weight of CCTV and circumstantial evidence — sufficiency of prosecution evidence — sentence review and proportionality — forfeiture of vehicle.
28 October 2021
Boma v R (Criminal Appeal 3 of 2021) [2021] MWHC 391 (25 October 2021)
Failure to alert an unrepresented accused to the s138(1) statutory defence is not fatal absent evidence of a reasonable belief the girl was 16+.
  • Criminal law — Defilement (s138(1) Penal Code) — Statutory proviso defence of reasonable belief that complainant was 16+ — Duty to alert unrepresented accused at plea-taking only in rare cases — Failure to alert not fatal where no evidence of such belief.
25 October 2021