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Malawi Supreme Court of Appeal - 1997

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1 judgment

July 1997

Director of Public Prosecution v Banda (Kamuzu) & Ors. (MSCA Criminal Appeal 21 of 1995) [1997] MWSC 2 (30 July 1997)

Whether jury directions on conspiracy, admissibility of hearsay, and the accused's constitutional right to silence were correctly applied.

Criminal law — Conspiracy: knowledge required for late joiners; Criminal procedure — Right to remain silent — sections 313 and 314 invalid to extent inconsistent with Constitution; Evidence — hearsay and statements by deceased; Trial procedure — fairness of judicial summing-up; Costs — State ordered to pay appeal costs where prosecution abandons appeal

30 July 1997