Malawi Supreme Court of Appeal - 1997

1 judgment

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1 judgment
Citation
Judgment date
July 1997
The Court dismissed the DPP's appeal, upheld evidential rulings, invalidated ss.313–314 CPE Code to the extent they impinge right to silence, and awarded appeal costs to the sixth respondent.
Criminal law – conspiracy – requirement of knowledge and agreement for late joiners; Criminal procedure – right to silence – sections 313–314 CPE Code incompatible with constitutional right to remain silent; Evidence – hearsay and statement-against-interest inadmissibility; Summing-up – judge’s duty to be fair to both sides; Costs – state to pay appeal costs where prosecution abandons appeal.
30 July 1997