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Citation
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Judgment date
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| July 2019 |
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Applicant failed to prove prohibited post‑campaign activity or tally irregularities that affected the election result; petition dismissed.
Electoral law – election petition under s100 – alleged post‑campaign campaigning and inducements – alleged tally/result irregularities – burden and standard of proof (balance of probabilities) – petitioner failed to prove irregularities affected result – petition dismissed.
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9 July 2019 |
| June 2019 |
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12 June 2019 |
| May 2019 |
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17 May 2019 |
| March 2019 |
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7 March 2019 |
| September 2018 |
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Burden-presumption in theft by public servant applies; conviction upheld and custodial sentence increased to 24 months.
Criminal law – Theft by public servant – Burden of proof – Legal presumption under s.283(1) Penal Code once employment, custody and inability to account are proved – accused must rebut on balance of probabilities – sufficiency of evidence – aggravated theft and custodial sentence.
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12 September 2018 |
| August 2018 |
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Bail after statutory custody time-limit is not automatic; court refused bail due to brutality and strong inculpatory evidence.
Criminal law — Bail — custody time-limit under s161G — interplay with constitutional ‘interest of justice’ under s42(2)(e) — factors: seriousness of offence, strength of prosecution, risk of flight or tampering — refusal of bail in a case of brutal murder with inculpatory confession.
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31 August 2018 |
| July 2018 |
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Conviction and 42-month sentence for theft by servant upheld where appellant had sole control and failed to account.
Criminal law – Theft by servant – Proof where stock or cash shortage – application of Nguwo factors (size of deficiency, control/access, alternative causes, enrichment) – Documentary delivery notes and failure to report – Sentencing: Rep v Missiri guidance; appellate interference only if sentence excessive.
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18 July 2018 |
| June 2018 |
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Circumstantial evidence of custody and control upheld conviction for theft by servant; excessive sentence noted but confirmed as served.
Criminal law – Theft by servant – Circumstantial evidence sufficiency – Custody and control of keys/cash – Standard of proof – Sentence excessive but confirmed due to time served.
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22 June 2018 |
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Conviction for breaking into a building confirmed; manifestly excessive 7-year sentence reduced to 4 years on review.
Criminal law — s.311 Penal Code (breaking into a building and committing a felony) — confirmation of conviction — sentencing on review — manifestly excessive sentence — mitigation (first offender; change of plea) v. aggravation (security guard breach of trust; night; premeditation; financial gain) — sentencing guidelines applied — sentence reduced from 7 to 4 years.
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8 June 2018 |
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Convictions confirmed; court could not vary manifestly inadequate/excessive sentences already served.
Criminal law – Confirmation of convictions – Sentencing – Manifestly inadequate and manifestly excessive sentences – Inability to vary sentences already served – Breach of trust as aggravating factor; sentencing guidelines for burglary and theft.
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8 June 2018 |
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Convictions confirmed, but consecutive sentences set aside and made concurrent, reducing cumulative term and prompting immediate release.
Criminal law — Theft of cattle — Sentencing — Concurrent versus consecutive sentences — Offences committed in a single transaction — Sentencing guidelines and mitigation for first-time guilty plea — Excessive cumulative sentence set aside.
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8 June 2018 |
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Convictions confirmed but consecutive, excessive sentences reduced and ordered to run concurrently, yielding a four-year term.
Criminal law – housebreaking and theft – sentencing – concurrent versus consecutive sentences – requirement to give reasons for consecutive sentences – mitigation (youth, first offender, plea) – manifestly excessive sentence – review and alteration of sentence.
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7 June 2018 |
| May 2018 |
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Conviction confirmed; housebreaking and theft sentences reduced after weighing aggravating and mitigating factors.
Criminal law — Confirmation of convictions — Housebreaking (s 309 Penal Code) and theft (s 278) — Sentencing principles and Magistrates' Court guidelines — Aggravating and mitigating factors — Reduction of manifestly excessive sentences.
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21 May 2018 |
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Conviction for buggery confirmed; inadequate 12‑month sentence reluctantly upheld because review delay led to the prisoner’s release.
Criminal law — Buggery (s 153(a) Penal Code) — Conviction confirmed; sentence manifestly inadequate but not increased due to delay and prisoner’s release — review procedure and production orders.
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11 May 2018 |
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Non‑compliance with the Banker's Books Evidence Act rendered crucial bank evidence inadmissible, making theft and money‑laundering convictions unsafe.
Criminal law – theft and money laundering – liability of directors for corporate offences (s24 Penal Code) – duplicity in charging predicate and laundering offences – admissibility of public records – Banker's Books Evidence Act ss 4–5 compliance required for bank documents.
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7 May 2018 |
| March 2018 |
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Conviction for defilement affirmed; custodial sentence set aside and substituted with reformatory placement due to offender’s age.
Criminal law – Defilement – proof of victim’s age – evidentiary burden shifts once prosecution proves age; Child offenders – sentencing – custodial sentence excessive for child; Child Care, Protection and Justice Act 2010 – reformatory disposition and review.
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20 March 2018 |
| February 2018 |
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Robbery conviction and consecutive sentence upheld; confession and warrantless search lawful; eight-year term reduced to three years IHL.
Criminal law – Robbery – elements and corroboration; Admissibility of caution statements – corroboration and voluntariness; Arrest and search – s24A(1) warrantless search in presence of arrested person; Defence witnesses – securing attendance and withdrawal; Sentencing – consecutive sentences and mitigation for youth.
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13 February 2018 |
| January 2018 |
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Provocation, youth, first-offender status and a guilty plea justified a ten-year manslaughter sentence despite knife wounds.
Criminal law – Manslaughter – Sentencing discretion under s211 – Maximum life reserved for worst cases – Aggravating factor: use of knife; Mitigation: guilty plea, provocation, youth, first offender.
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26 January 2018 |
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Failure to conduct a voir dire for a 15-year-old complainant led to exclusion of evidence and allowed appeal.
Criminal law – defilement; child witness competence – requirement for voir dire under Oaths, Affirmations and Declarations Act; meaning of 'immature age' and interaction with child-related statutes; exclusion of evidence where voir dire absent; failure to prove case beyond reasonable doubt; retrial and double jeopardy.
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24 January 2018 |
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Court granted bail to a homicide accused overstaying on remand, imposing strict surety, reporting and travel‑restriction conditions.
Bail — application under s12 Bail Guidelines Act, s118 Criminal Procedure and Evidence Code and s42(2)(e) Constitution — accused charged with homicide and long remand — grant of bail in interest of justice — conditions: cash deposit, bonded sureties, periodic police reporting, surrender of travel documents, leave required to leave village.
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19 January 2018 |
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Failure to comply with s.251 proviso invalidates a guilty plea; retrial ordered and sentence to be reconsidered.
Criminal procedure – guilty plea – proviso to s.251 – court must ascertain accused understands nature and consequences of plea; admission of facts insufficient – non‑compliance warrants retrial; sentence review – manifest excessiveness where guilty plea and recovery of property.
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19 January 2018 |
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3 January 2018 |
| December 2017 |
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Conviction for intimidation confirmed; 60‑month custodial sentence reduced to 24 months as manifestly excessive.
Criminal law – Intimidation (s.88 Penal Code) – sentencing principles – manifestly excessive sentence – requirement to indicate applicable statutory maximum – consideration of aggravating and mitigating factors – substitution of sentence on review.
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18 December 2017 |
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18 December 2017 |
| November 2017 |
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Accused discharged under s77 CP&EC after prosecution discontinued proceedings; bail and recognizances discharged.
Criminal procedure — Prosecution discontinuance — Discharge under s 77 Criminal Procedure and Evidence Code — Effect on bail and recognizances — Pronouncement in open court
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10 November 2017 |
| June 2017 |
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12 June 2017 |
| April 2017 |
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Court reduced custodial sentences for cattle theft and shortened juvenile’s probation due to mitigating factors.
Criminal law – Sentencing – Theft of cattle – Review of manifestly excessive sentences – First offenders and juveniles – Mitigating factors (recovery of property, guilty plea, first‑offender status) outweighing aggravating factors – Reduction of custodial terms and probation.
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21 April 2017 |
| January 2017 |
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27 January 2017 |
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6 January 2017 |
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5 January 2017 |
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4 January 2017 |
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4 January 2017 |
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4 January 2017 |
| April 2016 |
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Court confirmed custodial sentences for the appellant found with protected species and an unlicensed firearm as not manifestly excessive.
Wildlife law – possession of protected species – sentencing; Firearms law – possession of prohibited weapon and ammunition; Sentencing – custodial versus non-custodial for first offenders; Appellate review – manifestly excessive test.
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8 April 2016 |
| July 2013 |
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Limitation does not bar claims alleging criminal insider trading or fiduciary breaches; each share trade is a separate transaction.
Securities law – insider trading (S.49) – criminal offence; Limitation Act (s.4) – inapplicable to alleged criminal conduct and fiduciary breaches; continuous transaction rule – each trade a separate cause of action; Companies Act – shareholder remedies; Malawi Stock Exchange listing rules.
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13 July 2013 |
| October 1994 |
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Court affirms 18-month sentence for bicycle theft, stressing guilty plea and voluntary restitution as key mitigators.
Criminal law – Theft – Sentencing – Mitigation: guilty plea, voluntary restitution, and family obligations; plea change diminishes mitigation; sentence affirmed.
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27 October 1994 |
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Conviction for theft by a public servant quashed due to insufficient evidence and lack of proper stock/accounting.
Criminal law – theft by public servant – failure to account – insufficiency of evidence – lack of stock records and alternative access to store-room – conviction quashed on review.
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20 October 1994 |
| July 1994 |
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A public servant who cannot account for cash exhibits is presumed to have stolen them unless the presumption is rebutted.
Criminal law – Theft by public servant – Section 283(1) presumption where public officer fails to account – ownership of cash exhibits – damaged-safe defence – auditors' documentary corrections – mandatory minimum sentence.
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22 July 1994 |
| June 1994 |
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Appeal against theft conviction upheld; sentencing disparity and prior convictions considered, sentence described as somewhat harsh.
Criminal law – Theft from a person – Appeal against conviction and sentence – Appellate review of trial court credibility findings – Sentencing: relevance of previous convictions and undue disparity between co-accused sentences.
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19 June 1994 |
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A 22-year-old first offender’s 12-month imprisonment was set aside and replaced by a K2,000 fine (or six months' default).
Criminal law – Dangerous Drugs – Illegal possession of Indian hemp (144.10g) – sentencing – mitigating factors (youth, first offender, guilty plea, personal consumption) – substitution of custodial sentence with fine.
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15 June 1994 |
| April 1994 |
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Appeal allowed: absence of Inspector General's order did not void prosecution, but proceedings should have been stayed under s.161.
Criminal law — Prosecution of police officers — Police Act s.47 and s.39 — written Inspector General order not required for non-disciplinary offences; discretion to stay/terminate proceedings under s.161 where disciplinary context and mitigating circumstances justify relief.
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22 April 1994 |
| March 1994 |
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Conviction for theft by servant affirmed where audit records, witness testimony and confession established the missing funds.
Criminal law — Theft by servant — Reliance on audit documents, shop manager testimony and confession to prove missing takings — Alternative explanations failing to create reasonable doubt.
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7 March 1994 |
| February 1994 |
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8 February 1994 |