High Court of Malawi Civil Division - 2003

1 judgment

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1 judgment
Citation
Judgment date
July 2003
Mandatory section 254 breaches vitiate convictions; sentencing of first offenders requires recorded reasons under section 340.
Criminal procedure — Section 254 CP&EC (case to answer) mandatory — failure to find prima facie case vitiates conviction; Sentencing — section 340 CP&EC requires recorded reasons before custodial sentence for first offenders; Review/confirmation — High Court may quash convictions, order retrial, enhance or reduce sentences; Judgment requirements — courts must state points for determination, reasons, and assessment of evidence; Statutory maxima — sentences exceeding prescribed limits are unlawful.
24 July 2003