Results.
144 judgments found.
|
|
|
| April 2022 |
|
|
|
1 April 2022 |
| September 2021 |
|
|
High Court confirms twelve-year sentence for defilement of a 13-year-old, declining to enhance sentence.
-
Criminal law — Defilement — Sentence confirmation and review — Whether sentence manifestly excessive or inadequate — Sentencing factors: age of victim and offender, inducement, psychological harm — High Court intervention limited.
|
10 September 2021 |
| August 2021 |
|
|
Court increased rape sentence to 12 years due to use of a knife, threats and deprivation of the complainant’s liberty.
-
Criminal law — Rape — Sentencing — Aggravating features: use of knife, threats, deprivation of liberty — Custodial sentence generally required — Confirmation and enhancement where original sentence manifestly inadequate.
|
23 August 2021 |
|
Conviction for defilement quashed where accused reasonably believed the complainant was sixteen at intercourse.
-
Criminal law — Defilement (s.138(1) Penal Code) — Statutory proviso: reasonable belief as to age — Proof by consistency of accused’s statement and complainant’s dates — Conviction quashed.
|
4 August 2021 |
|
A youthful first-offender who killed a sleeping parent was sentenced to 25 years' imprisonment despite mitigation due to premeditation and brutality.
-
Criminal law — Murder — Sentencing — Mandatory death penalty abolished — Mitigating factors (youth, first offender, guilty plea, remorse) weighed against aggravating factors (premeditation, use of stone, victim asleep) — Fixed-term custodial sentence of 25 years with hard labour.
|
3 August 2021 |
| July 2021 |
|
|
Court confirmed the convict's fine for unlawful possession of an endangered specimen as adequate and lawful.
-
Wildlife law — possession of endangered species without permit — sentencing review and confirmation — fine must not be less than value of specimen — mitigation of first offender.
|
28 July 2021 |
|
On review the court enhanced a 14-year defilement sentence to 35 years due to use of a knife, threats, and victim vulnerability.
-
Criminal law — Defilement (section 138(1) Penal Code) — Sentence review and enhancement — Aggravating factors: use of weapon, threat to kill, victim's young age and vulnerability, concealment of identity — Precedent and need for deterrent, denunciatory sentencing.
|
28 July 2021 |
|
An adult’s repeated, planned defilement of a 10‑year‑old warranted enhancement of sentence from 14 to 40 years.
-
Criminal law — Defilement — Sentence enhancement on confirmation — Aggravating factors: adult offender, child under 11, repeated incidents, planned offence — Precedent supporting long or life sentences in worst cases.
|
28 July 2021 |
|
Court confirmed conviction for defilement and enhanced a ten-year sentence to 17 years IHL on review.
-
Criminal law — Defilement (s.138(1) Penal Code); sentencing — adequacy and enhancement of custodial term; consideration of victim age, offender’s age and first-offender status; comparative precedent and maximum penalty (life).
|
28 July 2021 |
|
Conviction for defilement confirmed; sentence increased to 17 years considering precedents and mitigating factors.
-
Criminal law — Defilement — Confirmation of conviction on review — Sentence enhancement — Consideration of precedents and mitigating factors (age, first-offender status, relationship with victim).
|
28 July 2021 |
|
Court imposed 20-year imprisonment for murder, rejecting non-custodial leniency despite age and first-offender status.
-
Homicide sentencing — sentencing discretion within life imprisonment maximum after abolition of mandatory death penalty — sections 339 and 340 CP&EC and non-custodial options for first offenders — mitigation (age, health, first offender) vs aggravation (domestic/intimate violence, professional duty, forensic evidence) — 20-year custodial sentence.
|
16 July 2021 |
| June 2021 |
|
|
Rape conviction quashed where prosecution failed to prove lack of consent or adduce corroborative evidence.
-
Criminal law — Rape — Proof of lack of consent — Need for corroborative evidence where consent is disputed — Medical evidence inconclusive — Conviction quashed for insufficient evidence.
|
21 June 2021 |
|
Court confirmed 15-month sentence for defilement, balancing accused's youth and existence of a relationship with the victim.
-
Criminal law — Defilement — Confirmation of sentence on review — Sentence adequacy where accused aged 18 and victim aged 13 — evidence of relationship and medical report — inconsistencies in victim's statements.
|
14 June 2021 |
|
A review court enhanced an unduly lenient 10-year defilement sentence to 40 years due to victim's age, STI infection, and breach of trust.
-
Criminal law — Defilement (s.138(1) Penal Code) — Sentencing — Starting point 14 years — Aggravating factors: victim's age, STI infection, breach of trust — Unduly lenient sentence enhanced on review to 40 years IHL.
|
14 June 2021 |
|
A defilement sentence was increased on review due to abuse of trust, premeditation, and need for stronger deterrence.
-
Criminal law — Defilement (s.138(1) Penal Code) — Sentencing on review — Starting point increased from 14 to 20 years — Aggravating factors: abuse of trust, mature offender, premeditation — Enhancement of sentence to 42 years imprisonment.
|
14 June 2021 |
|
Whether a two-year burglary sentence was manifestly inadequate and required enhancement on confirmation.
-
Criminal law — Burglary/housebreaking — sentencing — confirmation review — adequacy of two-year term — sentencing guidelines starting point six years — sentence confirmed due to time already served.
|
14 June 2021 |
| May 2021 |
|
|
Accused convicted of murder: confession and circumstantial evidence established guilt; depression did not meet legal insanity threshold.
-
Criminal law — Murder by poisoning — Caution statement/confession and weight after a not guilty plea (s176(3)) — Insanity/diminished responsibility (ss 11, 12 Penal Code) — Burden on defence to prove unsoundness on balance of probabilities — Circumstantial and forensic evidence.
|
26 May 2021 |
|
Whether forensic and circumstantial evidence proved murder by traumatic head injury and negligent omission.
-
Criminal law — Murder — Forensic autopsy (subdural haemorrhage from orbital trauma) — Distinguishing assault from fall — Circumstantial evidence sufficiency — Burden and standard of proof beyond reasonable doubt — Omissions/negligence as contributory actus reus — Motive (property/testament) and post-death conduct.
|
13 May 2021 |
| April 2021 |
|
|
Conviction based on recent possession unsafe where accused’s credible explanation and uncertain transfer dates are unrebutted.
-
Criminal law — Burglary and theft — Recent possession of stolen goods — Rebuttable presumption — Explanation consistent with innocence — Conviction unsafe where dates and provenance of property uncertain.
|
1 April 2021 |
| February 2021 |
|
|
Accused convicted of murder; self-defence and provocation rejected; malice aforethought found based on use of a metal rod.
-
Criminal law — Murder — Proof beyond reasonable doubt — Post-mortem evidence and eyewitness credibility — Self-defence and provocation rejected — Malice aforethought established.
|
19 February 2021 |
|
Suspicion alone is insufficient under section 254 to require an accused to enter defence on a murder charge.
-
Criminal law — Murder — Elements (death, unlawful act/omission, malice aforethought) — Section 254 Criminal Procedure and Evidence Code — Sufficiency of prosecution case to call accused to defence — Suspicion insufficient; protection against self-incrimination.
|
18 February 2021 |
|
|
17 February 2021 |
| December 2020 |
|
|
|
12 December 2020 |
| November 2020 |
|
|
|
2 November 2020 |
| October 2020 |
|
|
An offender’s youth and individual circumstances can justify reducing a defilement sentence despite the offence’s seriousness.
-
Criminal law — Defilement — Seriousness and sentencing trend — Starting points and precedent for rape/defilement — Role of offender’s age, maturity and mitigation in sentencing — Prevalence as aggravating factor — Reduction of sentence to time served.
|
27 October 2020 |
| September 2020 |
|
|
Appeal allowed: 14-year-old competent to take oath, but inconsistencies and lack of corroboration raised reasonable doubt.
-
Criminal law — indecent assault on a minor — competence to give evidence under Oaths, Affirmations and Declarations Act s6 proviso — maturity threshold (above 12) — corroboration requirement — proof beyond reasonable doubt — acquittal for insufficient and inconsistent evidence.
|
18 September 2020 |
|
|
18 September 2020 |
|
|
16 September 2020 |
| August 2020 |
|
|
|
18 August 2020 |
|
|
13 August 2020 |
|
Excessive pre‑trial detention breached constitutional rights; court granted bail and ordered medical assessment and prompt plea timetable.
-
Criminal procedure — Pre‑trial custody time limits (sections 161E–G, 161H and 302A CP&EC) — Right to speedy trial and liberty under the Constitution — Bail where statutory pre‑trial limits exceeded — Duty of State to seek extensions and prosecute expeditiously — Medical/mental health evidence where health of accused is in issue.
|
5 August 2020 |
|
Applicant held beyond statutory pre-trial limits; court granted bail and ordered trial set within 30 days or dismissal.
-
Constitutional right to liberty and timely trial; statutory pre‑trial custody limits (CP&EC ss161E–G, 302A); bail under s42(2)(e) and s118; burden on State to justify continued custody; order to set plea or face dismissal.
|
5 August 2020 |
|
Applicant detained over 24 months without charge; court discharged and ordered immediate release for breach of 48‑hour rule.
-
Constitutional law — Right to personal liberty — 48-hour rule (s.42(2)(b)) — Failure to bring arrested person before court — Unlawful detention — Pre-trial custody limits (CP&EC) — Remedy: discharge and release — Bail as alternative remedy.
|
5 August 2020 |
| July 2020 |
|
|
|
27 July 2020 |
|
|
27 July 2020 |
|
Whether to enhance a manifestly inadequate sentence for defilement by a 21-year-old who used force against a 13-year-old.
-
Criminal law — Defilement — Sentencing — Age of offender not automatically mitigating — Use of force and secluded location as aggravating factors — Magistrates’ Court Sentencing Guideline 2017 (10-year starting point) — Enhancement of manifestly inadequate sentence on review
|
15 July 2020 |
| June 2020 |
|
|
Court confirmed MK100,000 fine and 15‑month default imprisonment for illegal possession of forestry produce as appropriate.
-
Forestry Act s68 — illegal possession of forest produce; Fine (Conversions) Act — conversion of statutory fines; Penal Code s29(2)(a), s29(3) — sentence in default; Criminal Procedure s339 — sentencing first offenders; confirmation of sentence.
|
5 June 2020 |
| April 2020 |
|
|
|
24 April 2020 |
|
|
22 April 2020 |
|
|
21 April 2020 |
|
|
20 April 2020 |
|
|
20 April 2020 |
|
|
20 April 2020 |
|
|
7 April 2020 |
|
Court dismissed counsel’s application for extension, leave to appeal, addition as party, and stay pending appeal for lack of good cause.
-
Criminal review — disciplinary measures against counsel — extension of time to appeal — leave to appeal from High Court review — stay of execution pending appeal — test for extension: good and substantial reasons and prima facie grounds (NBS Bank v Hamdani).
|
7 April 2020 |
| February 2020 |
|
|
Appeal dismissed: complainant’s direct testimony corroborated by brother and medical evidence; sentence of 10 years upheld.
-
Criminal law — defilement — complainant’s sworn evidence corroborated by independent unsworn witness and medical findings — inconsistencies immaterial when evidence considered cumulatively — appellate restraint on sentence review.
|
18 February 2020 |
| January 2020 |
|
|
|
28 January 2020 |
|
|
8 January 2020 |
| November 2019 |
|
|
Court imposed death and life sentences for murder and organ-trafficking of a vulnerable person with albinism.
-
Criminal law — Murder in cold blood — Harvesting body parts and trafficking in persons — Death penalty lawful and available in exceptional cases — Extracting and transacting in human tissue — Life imprisonment — Sentencing principles.
|
28 November 2019 |
| August 2019 |
|
|
Discharge for statutory delay refused where felonies and misdemeanours formed part of the same series; s.302A inapplicable.
-
Criminal procedure — s.302A CP&EC (time limits for trial) — s.261 CP&EC — s.127 CP&EC (charging felonies and misdemeanours together) — attribution of delay — discharge for delay refused.
|
2 August 2019 |