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Principal Registry- Criminal Division - 2022

3 judgments
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3 judgments
December 2022
R v Jiva (Confirmation Case 518 of 2021) [2022] MWHCCrim 119 (6 December 2022)
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
6 December 2022
R v Mussa (Confirmation Case 942 of 2021) [2022] MWHCCrim 116 (6 December 2022)
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.
6 December 2022
April 2022
R v Nakapa (Confirmation Case 406 of 2021) [2022] MWHCCrim 118 (22 April 2022)
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.
22 April 2022