High Court of Malawi Criminal Division - 2018 March

1 judgment

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1 judgment


March 2018
Nkhonjera v R (Criminal Appeal 33 of 2016) [2018] MWHCCrim 4 (20 March 2018) Conviction for defilement affirmed; custodial sentence set aside and substituted with reformatory placement due to offender’s age. Criminal law — Defilement — proof of victim’s age — evidentiary burden shifts once prosecution proves age; Child offenders — sentencing — custodial sentence excessive for child; Child Care, Protection and Justice Act 2010 — reformatory disposition and review.	20 March 2018

March 2018

Conviction for defilement affirmed; custodial sentence set aside and substituted with reformatory placement due to offender’s age.

Criminal law — Defilement — proof of victim’s age — evidentiary burden shifts once prosecution proves age; Child offenders — sentencing — custodial sentence excessive for child; Child Care, Protection and Justice Act 2010 — reformatory disposition and review.

20 March 2018

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