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Zomba District Registry - 2023 February

4 judgments
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4 judgments
February 2023
Yakiti and 3 Others v R (Criminal Appeal 22 of 2022) [2023] MWHC 127 (21 February 2023)
Magistrates’ courts lack inherent jurisdiction to stay and refer constitutional questions; bail refused for insufficient supporting information.
  • Bail — evidential burden on applicant; consideration of risk to witnesses post-investigation; seriousness of offence as factor in bail; magistrates' courts lack inherent jurisdiction to stay criminal proceedings or refer matters for constitutional certification; entrapment/agent provocateur claim was not a basis for referral in magistrates' court.
21 February 2023
Yakiti and 3 Others v R (Criminal Appeal Case 22 of 2022) [2023] MWHC 122 (21 February 2023)
Magistrate courts lack inherent jurisdiction to stay proceedings for constitutional certification; bail refusal upheld due to insufficient applicant evidence.
  • Criminal procedure — Bail — accused's evidential burden to raise facts for release; consideration of likelihood of witness interference and seriousness of offence — Magistrate courts' jurisdiction — lack of inherent jurisdiction to stay proceedings or refer matters for constitutional certification — Referral for certification — agent provocateur/entrapment allegation.
21 February 2023
Bato v R (Criminal Appeal 29 of 2022) [2023] MWHC 126 (6 February 2023)
A guilty plea entered without confirming understanding and absence of an essential element invalidates the conviction.
  • Criminal procedure — Plea of guilty — Proviso to s251(2) CP&EC requires court to ascertain accused’s understanding and unqualified admission; Elements of offence — lack of licence or permit is essential for possession of charcoal under s68(3)(a) Forestry Act; Conviction cannot stand where facts do not prove essential element; Retrial discretionary — declined where accused detained lengthy and material evidence may be lost.
6 February 2023
Mujiya v R (Miscellaneous Criminal Bail 14 of 2022) [2023] MWHC 63 (1 February 2023)
Court refused to hear bail application and directed counsel to file it before the judge presiding over the advanced-stage trial.
  • Criminal procedure — Bail pending trial — Court declined to entertain bail application because substantive trial at advanced stage before judge seized of matter — Application to be filed with trial judge for proper case management.
1 February 2023