Results.
26 judgments found.
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| December 2020 |
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12 December 2020 |
| November 2020 |
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2 November 2020 |
| October 2020 |
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An offender’s youth and individual circumstances can justify reducing a defilement sentence despite the offence’s seriousness.
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Criminal law — Defilement — Seriousness and sentencing trend — Starting points and precedent for rape/defilement — Role of offender’s age, maturity and mitigation in sentencing — Prevalence as aggravating factor — Reduction of sentence to time served.
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27 October 2020 |
| September 2020 |
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Appeal allowed: 14-year-old competent to take oath, but inconsistencies and lack of corroboration raised reasonable doubt.
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Criminal law — indecent assault on a minor — competence to give evidence under Oaths, Affirmations and Declarations Act s6 proviso — maturity threshold (above 12) — corroboration requirement — proof beyond reasonable doubt — acquittal for insufficient and inconsistent evidence.
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18 September 2020 |
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18 September 2020 |
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16 September 2020 |
| August 2020 |
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18 August 2020 |
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13 August 2020 |
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Excessive pre‑trial detention breached constitutional rights; court granted bail and ordered medical assessment and prompt plea timetable.
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Criminal procedure — Pre‑trial custody time limits (sections 161E–G, 161H and 302A CP&EC) — Right to speedy trial and liberty under the Constitution — Bail where statutory pre‑trial limits exceeded — Duty of State to seek extensions and prosecute expeditiously — Medical/mental health evidence where health of accused is in issue.
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5 August 2020 |
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Applicant held beyond statutory pre-trial limits; court granted bail and ordered trial set within 30 days or dismissal.
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Constitutional right to liberty and timely trial; statutory pre‑trial custody limits (CP&EC ss161E–G, 302A); bail under s42(2)(e) and s118; burden on State to justify continued custody; order to set plea or face dismissal.
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5 August 2020 |
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Applicant detained over 24 months without charge; court discharged and ordered immediate release for breach of 48‑hour rule.
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Constitutional law — Right to personal liberty — 48-hour rule (s.42(2)(b)) — Failure to bring arrested person before court — Unlawful detention — Pre-trial custody limits (CP&EC) — Remedy: discharge and release — Bail as alternative remedy.
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5 August 2020 |
| July 2020 |
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27 July 2020 |
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27 July 2020 |
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Whether to enhance a manifestly inadequate sentence for defilement by a 21-year-old who used force against a 13-year-old.
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Criminal law — Defilement — Sentencing — Age of offender not automatically mitigating — Use of force and secluded location as aggravating factors — Magistrates’ Court Sentencing Guideline 2017 (10-year starting point) — Enhancement of manifestly inadequate sentence on review
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15 July 2020 |
| June 2020 |
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Court confirmed MK100,000 fine and 15‑month default imprisonment for illegal possession of forestry produce as appropriate.
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Forestry Act s68 — illegal possession of forest produce; Fine (Conversions) Act — conversion of statutory fines; Penal Code s29(2)(a), s29(3) — sentence in default; Criminal Procedure s339 — sentencing first offenders; confirmation of sentence.
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5 June 2020 |
| April 2020 |
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24 April 2020 |
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22 April 2020 |
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21 April 2020 |
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20 April 2020 |
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20 April 2020 |
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20 April 2020 |
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7 April 2020 |
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Court dismissed counsel’s application for extension, leave to appeal, addition as party, and stay pending appeal for lack of good cause.
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Criminal review — disciplinary measures against counsel — extension of time to appeal — leave to appeal from High Court review — stay of execution pending appeal — test for extension: good and substantial reasons and prima facie grounds (NBS Bank v Hamdani).
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7 April 2020 |
| February 2020 |
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Appeal dismissed: complainant’s direct testimony corroborated by brother and medical evidence; sentence of 10 years upheld.
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Criminal law — defilement — complainant’s sworn evidence corroborated by independent unsworn witness and medical findings — inconsistencies immaterial when evidence considered cumulatively — appellate restraint on sentence review.
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18 February 2020 |
| January 2020 |
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28 January 2020 |
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8 January 2020 |