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High Court of Malawi Criminal Division - 2021 August

3 judgments
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3 judgments
August 2021
R v Nsitu (Confirmation Case 769 of 2020) [2021] MWHCCrim 13 (23 August 2021)
Court increased rape sentence to 12 years due to use of a knife, threats and deprivation of the complainant’s liberty.
  • Criminal law — Rape — Sentencing — Aggravating features: use of knife, threats, deprivation of liberty — Custodial sentence generally required — Confirmation and enhancement where original sentence manifestly inadequate.
23 August 2021
R v Gift (Confirmation Case 84 of 2021) [2021] MWHCCrim 2 (4 August 2021)
Conviction for defilement quashed where accused reasonably believed the complainant was sixteen at intercourse.
  • Criminal law — Defilement (s.138(1) Penal Code) — Statutory proviso: reasonable belief as to age — Proof by consistency of accused’s statement and complainant’s dates — Conviction quashed.
4 August 2021
Republic v Genti (Homicide Cause 53 of 2021) [2021] MWHCCrim 21 (3 August 2021)
A youthful first-offender who killed a sleeping parent was sentenced to 25 years' imprisonment despite mitigation due to premeditation and brutality.
  • Criminal law — Murder — Sentencing — Mandatory death penalty abolished — Mitigating factors (youth, first offender, guilty plea, remorse) weighed against aggravating factors (premeditation, use of stone, victim asleep) — Fixed-term custodial sentence of 25 years with hard labour.
3 August 2021