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High Court of Malawi Criminal Division - 2020 August

5 judgments
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5 judgments
August 2020
Chisale v R (Homicide Case 152 of 2020) [2020] MWHCCrim 5 (18 August 2020)
18 August 2020
R v Ndhlovu (Confirmation Case 474 of 2019) [2020] MWHCCrim 16 (13 August 2020)
13 August 2020
Kanyinji v R (Miscellaneous Criminal Application 71 of 2019) [2020] MWHCCrim 20 (5 August 2020)
Excessive pre‑trial detention breached constitutional rights; court granted bail and ordered medical assessment and prompt plea timetable.
  • 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.
5 August 2020
Nale v R (Miscellaneous Criminal Application 85 of 2019) [2020] MWHCCrim 25 (5 August 2020)
Applicant held beyond statutory pre-trial limits; court granted bail and ordered trial set within 30 days or dismissal.
  • 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.
5 August 2020
Shaba v R (Miscellaneous Criminal Application 83 of 2019) [2020] MWHCCrim 24 (5 August 2020)
Applicant detained over 24 months without charge; court discharged and ordered immediate release for breach of 48‑hour rule.
  • 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.
5 August 2020