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High Court of Malawi Criminal Division - 2019

6 judgments
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6 judgments
November 2019
S v Phiri and 7 Others (Criminal Case 109 of 2018) [2019] MWHCCrim 4 (28 November 2019)
Court imposed death and life sentences for murder and organ-trafficking of a vulnerable person with albinism.
  • Criminal law — Murder in cold blood — Harvesting body parts and trafficking in persons — Death penalty lawful and available in exceptional cases — Extracting and transacting in human tissue — Life imprisonment — Sentencing principles.
28 November 2019
August 2019
R v Abdullah & 8 others (Criminal Case 4 of 2017) [2019] MWHCCrim 6 (2 August 2019)
Discharge for statutory delay refused where felonies and misdemeanours formed part of the same series; s.302A inapplicable.
  • Criminal procedure — s.302A CP&EC (time limits for trial) — s.261 CP&EC — s.127 CP&EC (charging felonies and misdemeanours together) — attribution of delay — discharge for delay refused.
2 August 2019
July 2019
Chibambo v Electoral Commission (Election Petition 22 of 2019) [2019] MWHCCrim 5 (9 July 2019)
Applicant failed to prove prohibited post‑campaign activity or tally irregularities that affected the election result; petition dismissed.
  • Electoral law — election petition under s100 — alleged post‑campaign campaigning and inducements — alleged tally/result irregularities — burden and standard of proof (balance of probabilities) — petitioner failed to prove irregularities affected result — petition dismissed.
9 July 2019
June 2019
Vokhiwa v S (Criminal Appeal 8 of 2019) [2019] MWHCCrim 1 (12 June 2019)
12 June 2019
May 2019
John v R (Criminal Appeal 28 of 2017) [2019] MWHCCrim 2 (17 May 2019)
17 May 2019
March 2019
Kamoto v R (Criminal Appeal 41 of 2017) [2019] MWHCCrim 3 (7 March 2019)
7 March 2019