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Principal Registry- Criminal Division - 2021

3 judgments
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3 judgments
August 2021
Republic v Genti (Homicide Cause 53 of 2021) [2021] MWHCCrim 21 (3 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
Republic v Elias (Confirmation Case 260 of 2021) [2021] MWHCCrim 11 (28 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
June 2021
Luwayo v State (Appeal Case 3 of 2022) [2021] MWHCCrim 20 (21 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