High Court of Malawi Criminal Division - 2023 March

2 judgments

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2 judgments
Citation
Judgment date
March 2023
Bail denied where seriousness and strength of prosecution’s case and flight risk outweighed breached custody time limits.
Bail — pre-trial custody limits — interest of justice — aggravated trafficking and multiple murder charges — strength of State's case — risk of abscondment — public order considerations.
29 March 2023
Sentence for rape increased from nine to twenty years due to aggravating circumstance that the victim was asleep.
Criminal law – Rape – Sentencing – Aggravating factor: victim asleep – Sentencing guidelines: five-year starting point for uncomplicated rape, higher where aggravated – Consideration of HIV/AIDS risk – Mitigation: first offender.
8 March 2023