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Zomba District Registry - 2021 June

3 judgments
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3 judgments
June 2021
Republic v Moyenda (Confirmation Case 31 of 2021) [2021] MWHC 374 (24 June 2021)
24 June 2021
R v Kuchande (Sentencing Rehearing Case 12 of 2018) [2021] MWHC 377 (24 June 2021)
Death sentence set aside due to youth and untreated epilepsy; substituted sentence of time served with conditional medical follow-up.
  • Sentencing — Death sentence rehearing — Mental illness (grand mal epilepsy) as mitigation — Lack of neurological/psychiatric assessment — First offender and youth — Substituted sentence of time served and conditional release.
24 June 2021
S ( on the Application of HM(guardian on behalf of CM(minor) ) v Hospital Director of Queen Elizabeth Central and Another (Judicial Review Cause 3 of 2021) [2021] MWHC 385 (15 June 2021)
Leave for judicial review refused where no recorded hospital decision, no medical evidence under s.243, and alternative remedies available.
  • Administrative law — leave to apply for judicial review — necessity of a recorded public decision; Abortion law — section 243 Penal Code exception for operations to preserve mother's life; Alternative remedies — criminal prosecution and child maintenance bars to review; Wednesbury unreasonableness; Onus on applicant to produce medical evidence.
15 June 2021