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High Court of Malawi Criminal Division - 2023 March

2 judgments
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2 judgments
March 2023
Nayaya v R (Miscellaneous Criminal Application 16 of 2023) [2023] MWHCCrim 22 (29 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
R v Chepe (Confirmation Case 138 of 2021) [2023] MWHCCrim 14 (8 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