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Citation
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Judgment date
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| July 2024 |
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Court refused immediate release but ordered alternatives, a 30‑day deportation ceiling, non‑detention of children and reporting by the State.
Immigration law – detention limits under Immigration Act s.14(1) and Regulations (Reg.14(3)) – constitutional right to liberty – reasonable 30‑day ceiling pending deportation – alternatives to prison (temporary permits, bond, non‑prison facilities, self‑repatriation) – non‑detention of children – structural interdict and court oversight of implementation.
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29 July 2024 |
| June 2024 |
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No prima facie case: causation and trafficking (abuse of law/purpose) not proved; confessions limited in weight.
Criminal law — Prima facie case — Manslaughter (unlawful act/gross negligence) — Causation — Admissibility and weight of caution statements (s.176 CP&EC) — Trafficking in persons — Elements: act, means ("abuse of law"), purpose (exploitation) — Circumstantial evidence and identification parade reliability.
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19 June 2024 |
| November 2023 |
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Court upheld eight-year custodial sentence for arson, finding it not manifestly excessive despite appellants being first offenders.
Criminal law – Arson – Sentence – Whether sentence manifestly excessive – Aggravating factors: mob justice, planning/premeditation, total destruction of property – First offender status insufficient to warrant reduction – Offer to rebuild not a substantial mitigating factor.
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20 November 2023 |
| September 2023 |
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The accused sentenced to five years for manslaughter balancing mitigating factors against the gravity of loss of life.
Criminal law – manslaughter – sentencing principles; mitigation: first offender, guilty plea, cooperation, time in custody; aggravation: loss of life, failure to render assistance, mature age; intruder/attempted sexual assault; proportionality of sentence.
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23 September 2023 |
| April 2023 |
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Conviction for defilement quashed because prosecution failed to prove complainant was under sixteen.
Criminal law – Defilement – Proof of age – Complainant’s age must be proved by medical certificate, documentary evidence or testimony of a person with personal knowledge; hearsay evidence insufficient – Conviction quashed where age not established.
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28 April 2023 |
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Court enhanced defilement sentence from 8 to 21 years, balancing youth mitigation against serious aggravating factors.
Criminal law – Defilement – Sentencing principles – balancing offender’s youth and mitigation against aggravating factors (victim’s age and vulnerability, physical injury, intimidation) – maximum penalty life – review and enhancement of manifestly inadequate sentence.
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26 April 2023 |
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On review the court enhanced the sentence to 30 years' imprisonment with hard labour for defilement of a 12‑year‑old, given aggravating factors.
Criminal law – Sentencing – Defilement of a child under 16 – Statutory maximum life imprisonment – Aggravating factors (age and vulnerability of victim, abuse of trust, use of force) – Sentencing trends towards stiffer penalties – Enhancement on review.
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26 April 2023 |
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26 April 2023 |
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Court enhanced sentence for defilement of an 8-year-old to 25 years, rejecting youthful-offender mitigation.
Criminal law – Defilement of a child – Sentence enhancement – Aggravating factors: victim asleep; breach of trust; child vulnerability – Maximum penalty life – Youth and first-offender mitigation rejected – Sentencing trend towards harsher terms to protect the girl child.
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26 April 2023 |
| March 2023 |
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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.
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29 March 2023 |
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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.
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8 March 2023 |
| January 2023 |
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Appeal against concurrent three-year sentences for grievous harm and theft from the person dismissed; convictions and sentences affirmed.
Criminal law – Act intended to cause grievous harm – Definition of grievous harm – fracture as grievous harm; Theft from the person – section 278 read with section 282(a) – enhanced penalty; Sentencing – whether three-year concurrent sentences excessive.
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25 January 2023 |
| May 2022 |
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Court confirmed misuse of public office conviction, reduced sentence for health; acquittal deemed erroneous but no retrial ordered.
Corrupt Practices Act – misuse of public office – elements and "advantage" – sentencing considerations (health and time served) – principles limiting retrials and prosecutorial discretion.
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9 May 2022 |
| September 2020 |
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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.
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18 September 2020 |
| August 2020 |
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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.
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5 August 2020 |
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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.
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5 August 2020 |
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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.
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5 August 2020 |
| July 2020 |
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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
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15 July 2020 |
| June 2020 |
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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.
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5 June 2020 |
| February 2020 |
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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.
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18 February 2020 |
| 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 |
| January 2018 |
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3 January 2018 |
| June 2017 |
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12 June 2017 |