High Court of Malawi Criminal Division - 2017

11 judgments

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11 judgments
Citation
Judgment date
December 2017
Conviction for intimidation confirmed; 60‑month custodial sentence reduced to 24 months as manifestly excessive.
Criminal law – Intimidation (s.88 Penal Code) – sentencing principles – manifestly excessive sentence – requirement to indicate applicable statutory maximum – consideration of aggravating and mitigating factors – substitution of sentence on review.
18 December 2017
18 December 2017
November 2017
Accused discharged under s77 CP&EC after prosecution discontinued proceedings; bail and recognizances discharged.
Criminal procedure — Prosecution discontinuance — Discharge under s 77 Criminal Procedure and Evidence Code — Effect on bail and recognizances — Pronouncement in open court
10 November 2017
June 2017
12 June 2017
April 2017
Court reduced custodial sentences for cattle theft and shortened juvenile’s probation due to mitigating factors.
Criminal law – Sentencing – Theft of cattle – Review of manifestly excessive sentences – First offenders and juveniles – Mitigating factors (recovery of property, guilty plea, first‑offender status) outweighing aggravating factors – Reduction of custodial terms and probation.
21 April 2017
January 2017
27 January 2017
6 January 2017
5 January 2017
4 January 2017
4 January 2017
4 January 2017