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High Court of Malawi Criminal Division - 2024 April

2 judgments
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2 judgments
April 2024
S v Mphwiyo and Another (Criminal Case 35 of 2014) [2024] MWHCCrim 2 (23 April 2024)
Intervenor’s request to stay and set aside a bail-forfeiture order dismissed; appeal and ordinary proceedings are the proper remedies.
  • Criminal procedure — Forfeiture of property deposited as bail security — Section 121 Criminal Procedure and Evidence Code; Stay of execution — High Court jurisdiction and final orders; Inherent jurisdiction — sparing invocation where appeal available; Financial Crimes Act — Preservation order notices (section 66) not applicable to bail forfeiture; Matrimonial property claims — rights enforceable by appropriate proceedings or appeal.
23 April 2024
Mwakiyongo v R (Criminal Appeal Case 7 of 2023) [2024] MWHCCrim 6 (12 April 2024)
Conviction quashed after trial court improperly invoked s201 and prosecution failed to prove theft beyond reasonable doubt.
  • Criminal appeal — theft (s278 Penal Code) — prima facie case at close of prosecution — trial court powers under s201 CP&EC — s201 invoked sparingly, parties to be notified — judicial impartiality and forum choice — improper calling of witness after defence; evidence struck out — conviction unsafe; quashed.
12 April 2024