High Court of Malawi Criminal Division - 2022 August

2 judgments

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2 judgments
Citation
Judgment date
August 2022
Conviction for trafficking quashed because prosecution failed to prove proscribed means and exploitative purpose.
Trafficking in persons — elements: action (e.g., transporting), proscribed means (force, coercion, fraud, payment to controller, etc.), and purpose of exploitation — burden of proof beyond reasonable doubt; appellate review where trial court failed to consider all elements; conviction quashed where means and exploitation not proved.
30 August 2022
Court refused to enhance sentence for domestic knife wound, affirming a three-year imprisonment for unlawful wounding.
Criminal law – Unlawful wounding v. grievous harm – sentencing principles – domestic violence – use of a knife – appellate review of sentence enhancement – alibi credibility.
4 August 2022