High Court of Malawi Criminal Division - 2018 September

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1 judgment


September 2018
Nyirenda v R (Criminal Appeal 142 of 2017) [2018] MWHCCrim 3 (12 September 2018) Burden-presumption in theft by public servant applies; conviction upheld and custodial sentence increased to 24 months. Criminal law — Theft by public servant — Burden of proof — Legal presumption under s.283(1) Penal Code once employment, custody and inability to account are proved — accused must rebut on balance of probabilities — sufficiency of evidence — aggravated theft and custodial sentence.	12 September 2018

September 2018

Burden-presumption in theft by public servant applies; conviction upheld and custodial sentence increased to 24 months.

Criminal law — Theft by public servant — Burden of proof — Legal presumption under s.283(1) Penal Code once employment, custody and inability to account are proved — accused must rebut on balance of probabilities — sufficiency of evidence — aggravated theft and custodial sentence.

12 September 2018

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