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High Court of Malawi Criminal Division - 2013

2 judgments
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2 judgments
July 2013
Makadia v First Capital Holdings PLC and three others (Commercial Case 1 of 2013) [2013] MWHCCrim 1 (13 July 2013)
Limitation does not bar claims alleging criminal insider trading or fiduciary breaches; each share trade is a separate transaction.
  • Securities law — insider trading (S.49) — criminal offence; Limitation Act (s.4) — inapplicable to alleged criminal conduct and fiduciary breaches; continuous transaction rule — each trade a separate cause of action; Companies Act — shareholder remedies; Malawi Stock Exchange listing rules.
13 July 2013
June 2013
The Republic v Keke (Confirmation Case No. 404 of 2010; Criminal Case no. 1 of 2009) [2013] MWHCCrim 2 (18 June 2013)
Conviction upheld; ten‑year robbery sentence reduced to seven years for improper sentencing and applicable mitigation.
  • Criminal Law
    • — Sentencing — Proportionality and constitutional limits: sentences must not be cruel, inhuman or degrading (s19(3) Constitution)
    • — Robbery — Starting points for robbery: s301(1) five years; s301(2) eight years; firearms cases ten years
  • Criminal Procedure — Guilty Plea — Mitigation and reduction of sentence (up to one‑third) for an unequivocal plea
18 June 2013