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High Court of Malawi Criminal Division - 2022 July

3 judgments
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3 judgments
July 2022
Mlelemba v R (Criminal Appeal Cause 9 of 2022) [2022] MWHCCrim 104 (30 July 2022)
A bail reapplication after denial requires a demonstrated change in circumstances; appeal dismissed.
  • Criminal law — Bail — Reapplication after denial requires demonstrable change in circumstances; witness interference, flight risk, and strength of evidence relevant; counsel’s personal acquaintance inadmissible as surety substitute.
30 July 2022
Issa & Kaliati v R (Misc. Criminal Case 64 of 2022) [2022] MWHCCrim 106 (19 July 2022)
Bail granted pending trial after State failed to prove, on a balance of probabilities, that applicants faced danger if released.
  • Constitutional right to bail — interests of justice — State bears burden to prove risk to accused on balance of probabilities — need for cogent evidence/affidavit to oppose bail — bail granted with conditions.
19 July 2022
James v R (Misc. Criminal Cause 94 of 2022) [2022] MWHCCrim 107 (19 July 2022)
Applicant granted bail pending trial after State failed to prove interests of justice outweighed right to release.
  • Constitutional right to bail — interests of justice — burden on the State to prove on balance of probabilities — presumption of innocence — unsubstantiated threats — committal status not a bar to bail — improperly brought oral application for extension of pre-trial custody.
19 July 2022