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High Court of Malawi Criminal Division - 2022 April

3 judgments
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3 judgments
April 2022
Simba and 3 Others v R (Criminal Appeal 34 of 2021) [2022] MWHCCrim 109 (27 April 2022)
Bail revocation upheld where deliberate delay and flight risk justified continued custody; trial to proceed urgently.
  • Criminal procedure — Bail — Revocation of court-granted bail where accused deliberately delay proceedings — Interests of justice doctrine — Flight risk and serious penalty as justification for continued custody — Duty to ensure speedy trial.
27 April 2022
R v Nakapa (Confirmation Case 406 of 2021) [2022] MWHCCrim 118 (22 April 2022)
A plea of guilty is improper where the accused raises a reasonable-belief defence to statutory underage sexual intercourse.
  • Criminal law — Defilement — Plea of guilt — Qualified admission where accused claims reasonable belief in complainant’s age — s251(2) CPE Code — Recording plea — Retrial discretion — Banda test — Conviction quashed and acquittal.
22 April 2022
Kachingwe v The State (Misc. Criminal Cause 16 of 2019) [2022] MWHCCrim 111 (1 April 2022)
1 April 2022