High Court of Malawi Criminal Division - 2018 January

5 judgments

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5 judgments
Citation
Judgment date
January 2018
Provocation, youth, first-offender status and a guilty plea justified a ten-year manslaughter sentence despite knife wounds.
Criminal law – Manslaughter – Sentencing discretion under s211 – Maximum life reserved for worst cases – Aggravating factor: use of knife; Mitigation: guilty plea, provocation, youth, first offender.
26 January 2018
Failure to conduct a voir dire for a 15-year-old complainant led to exclusion of evidence and allowed appeal.
Criminal law – defilement; child witness competence – requirement for voir dire under Oaths, Affirmations and Declarations Act; meaning of 'immature age' and interaction with child-related statutes; exclusion of evidence where voir dire absent; failure to prove case beyond reasonable doubt; retrial and double jeopardy.
24 January 2018
Court granted bail to a homicide accused overstaying on remand, imposing strict surety, reporting and travel‑restriction conditions.
Bail — application under s12 Bail Guidelines Act, s118 Criminal Procedure and Evidence Code and s42(2)(e) Constitution — accused charged with homicide and long remand — grant of bail in interest of justice — conditions: cash deposit, bonded sureties, periodic police reporting, surrender of travel documents, leave required to leave village.
19 January 2018
Failure to comply with s.251 proviso invalidates a guilty plea; retrial ordered and sentence to be reconsidered.
Criminal procedure – guilty plea – proviso to s.251 – court must ascertain accused understands nature and consequences of plea; admission of facts insufficient – non‑compliance warrants retrial; sentence review – manifest excessiveness where guilty plea and recovery of property.
19 January 2018
3 January 2018