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High Court of Malawi Criminal Division - 2021 February

3 judgments
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3 judgments
February 2021
R v Chirambo and Chirambo (Homicide Case 4 of 2020) [2021] MWHCCrim 14 (19 February 2021)
Accused convicted of murder; self-defence and provocation rejected; malice aforethought found based on use of a metal rod.
  • Criminal law — Murder — Proof beyond reasonable doubt — Post-mortem evidence and eyewitness credibility — Self-defence and provocation rejected — Malice aforethought established.
19 February 2021
R v Kaleya (Homicide Case 34 of 2020) [2021] MWHCCrim 15 (18 February 2021)
Suspicion alone is insufficient under section 254 to require an accused to enter defence on a murder charge.
  • Criminal law — Murder — Elements (death, unlawful act/omission, malice aforethought) — Section 254 Criminal Procedure and Evidence Code — Sufficiency of prosecution case to call accused to defence — Suspicion insufficient; protection against self-incrimination.
18 February 2021
R v John Phiri (Homicide Case 28 of 2020) [2021] MWHCCrim 1 (17 February 2021)
17 February 2021