High Court of Malawi Criminal Division - 2021 May

2 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
May 2021
Accused convicted of murder: confession and circumstantial evidence established guilt; depression did not meet legal insanity threshold.
Criminal law – Murder by poisoning – Caution statement/confession and weight after a not guilty plea (s176(3)) – Insanity/diminished responsibility (ss 11, 12 Penal Code) – Burden on defence to prove unsoundness on balance of probabilities – Circumstantial and forensic evidence.
26 May 2021
Whether forensic and circumstantial evidence proved murder by traumatic head injury and negligent omission.
Criminal law – Murder – Forensic autopsy (subdural haemorrhage from orbital trauma) – Distinguishing assault from fall – Circumstantial evidence sufficiency – Burden and standard of proof beyond reasonable doubt – Omissions/negligence as contributory actus reus – Motive (property/testament) and post-death conduct.
13 May 2021