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High Court of Malawi Criminal Division - 2018 May

3 judgments
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3 judgments
May 2018
R v Luka (Confirmation Case 275 of 2017) [2018] MWHCCrim 11 (21 May 2018)
Conviction confirmed; housebreaking and theft sentences reduced after weighing aggravating and mitigating factors.
  • Criminal law — Confirmation of convictions — Housebreaking (s 309 Penal Code) and theft (s 278) — Sentencing principles and Magistrates' Court guidelines — Aggravating and mitigating factors — Reduction of manifestly excessive sentences.
21 May 2018
R v Mayenda (Confirmation Case 754 of 2017) [2018] MWHCCrim 13 (11 May 2018)
Conviction for buggery confirmed; inadequate 12‑month sentence reluctantly upheld because review delay led to the prisoner’s release.
  • Criminal law — Buggery (s 153(a) Penal Code) — Conviction confirmed; sentence manifestly inadequate but not increased due to delay and prisoner’s release — review procedure and production orders.
11 May 2018
Chigoli v R (Criminal Appeal 19 of 2017) [2018] MWHCCrim 2 (7 May 2018)
Non‑compliance with the Banker's Books Evidence Act rendered crucial bank evidence inadmissible, making theft and money‑laundering convictions unsafe.
  • Criminal law — theft and money laundering — liability of directors for corporate offences (s24 Penal Code) — duplicity in charging predicate and laundering offences — admissibility of public records — Banker's Books Evidence Act ss 4–5 compliance required for bank documents.
7 May 2018