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Citation
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Judgment date
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| December 2024 |
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Section 96(1) does not make lodging a complaint and cyber‑inspector assessment a mandatory precondition to prosecuting offences under the Act.
Electronic Transactions and Cyber Security Act – Section 96(1) – "may" versus "shall" – permissive complaint procedure – role and powers of cyber inspector – whether complaint/assessment is mandatory precondition to prosecution – effect of non‑compliance on validity of charges.
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17 December 2024 |
| September 2024 |
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Convicted murderer sentenced to 36 years after balancing premeditation and weapon-use aggravation against mitigation and procedural failures.
Criminal law — Murder sentencing — section 321J pre-sentence submissions — mitigation and aggravation — premeditation and use of weapon — backdating sentence to date of arrest — caseflow management and counsel misconduct.
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16 September 2024 |
| July 2024 |
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29 July 2024 |
| April 2024 |
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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.
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12 April 2024 |
| March 2024 |
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19 March 2024 |
| December 2023 |
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Conviction for defilement confirmed; sentence increased to 25 years due to aggravating factors and evolving sentencing trends.
Criminal law – defilement – plea of guilty procedure and confirmation – sentencing principles and trends – limited mitigation from plea/first‑offender status – enhancement of sentence.
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13 December 2023 |
| October 2023 |
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Mandatory injunction suspended pending criminal proceedings; contempt not established absent willful disobedience; FIA-good faith protection considered.
Contempt of court — willfulness requirement; freezing orders — verbal versus written and due process; priority of criminal proceedings; Financial Crimes Act s.26 immunity for good-faith compliance.
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26 October 2023 |
| May 2023 |
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The applicants impermissibly relitigated an arbitration award; the court dismissed the action and upheld the award's finality.
Arbitration Act s17 – finality of awards; s24 – limited grounds to set aside (misconduct/improper procurement); doctrine of functus officio; abuse of process where parties relitigate arbitration award instead of applying to set it aside; partnership disputes and accounting claims.
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12 May 2023 |
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A rest house is a "human dwelling"; conviction amended to burglary and theft and concurrent sentences confirmed.
Criminal law – Burglary – Distinction between "dwelling-house" and "human dwelling" – Rest house qualifies as human dwelling – Proper conviction is burglary where forcible entry into a rest house occurs.
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5 May 2023 |
| April 2023 |
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Confirmation court upheld magistrate's sentences for housebreaking and theft despite mitigation based on unpaid labour claim.
Criminal law – Housebreaking and theft – Sentencing – Mitigation: plea of guilty, youthfulness, lack of prior record, recovery of property – Rejection of unpaid-labour mitigation – Confirmation of magistrate's sentence.
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13 April 2023 |
| February 2023 |
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Permission for judicial review denied; Ombudsman properly found appointment void and had jurisdiction.
Administrative law – Judicial review permission; Ombudsman jurisdiction under section 123 Constitution and s.5 Ombudsman Act; unlawful appointment void ab initio; ratification cannot cure illegal recruitment; illegality defeats legitimate expectation to benefits.
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23 February 2023 |
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Application to adduce mother’s fresh evidence on victim’s age refused; victim’s own testimony on age held admissible.
Criminal procedure — s.356 Criminal Procedure and Evidence Code — admission of fresh evidence on appeal; test: not available at trial, relevant, credible, may affect result, and reasonable explanation for non-production. Evidence of age in defilement — complainant’s own testimony admissible; parents or medical examination preferred but not mandatory. Failure of trial counsel to call known witness undermines application for fresh evidence
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1 February 2023 |
| December 2022 |
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Court confirmed armed robbery conviction, found identification reliable, and increased the respondent’s sentence to 12 years.
Criminal law – Armed robbery – Identification evidence – Turnbull guidelines – Caution statement – Sentence enhancement – Use of weapon – Mitigation and aggravation factors
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6 December 2022 |
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Conviction for two robberies upheld; court increased sentence to 12 years per count, balancing aggravating and mitigating factors.
Criminal law – Robbery – identification in broad daylight, possession of stolen property – sentencing: aggravating factors (violence, planning, commission in company, violation of victim) vs mitigation (youth, first offender) – appropriate term of imprisonment.
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6 December 2022 |
| April 2022 |
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A plea of guilty is improper where the accused raises a reasonable-belief defence to statutory underage sexual intercourse.
Criminal law – Defilement – Plea of guilt – Qualified admission where accused claims reasonable belief in complainant’s age – s251(2) CPE Code – Recording plea – Retrial discretion – Banda test – Conviction quashed and acquittal.
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22 April 2022 |
| August 2021 |
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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.
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3 August 2021 |
| July 2021 |
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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.
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28 July 2021 |
| June 2021 |
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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.
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21 June 2021 |
| April 2020 |
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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).
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7 April 2020 |
| August 2019 |
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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.
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2 August 2019 |
| 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 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 |
| 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 |