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Principal Registry- Criminal Division - 2024

5 judgments
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5 judgments
December 2024
R v Kapanga (Criminal Case 8 of 2023) [2024] MWHCCrim 9 (17 December 2024)
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.
17 December 2024
September 2024
R v Chizizira and Another (Criminal Case 104 of 2011) [2024] MWHCCrim 7 (16 September 2024)
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.
16 September 2024
July 2024
Yankho Uladi & Others v The Republic (Homicide Bail 157 of 2023) [2024] MWHCCrim 10 (29 July 2024)
29 July 2024
April 2024
Mwakiyongo v R (Criminal Appeal Case 7 of 2023) [2024] MWHCCrim 6 (12 April 2024)
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.
12 April 2024
March 2024
State v Chigalu and 1 other (Confirmation Case 514 of 2023) [2024] MWHCCrim 3 (19 March 2024)
19 March 2024