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High Court of Malawi Criminal Division - 2021 May

2 judgments
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2 judgments
May 2021
R v Mulwafu (Homicide Case 76 of 2019) [2021] MWHCCrim 17 (26 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
R v Voets (Homicide Case 63 of 2019) [2021] MWHCCrim 3 (13 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