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Malawi Supreme Court of Appeal - 2003 March

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1 judgment

March 2003

Shaba v R (MSCA Criminal Appeal 12 of 2002) [2003] MWSC 1 (6 March 2003)

Appellant's murder conviction quashed where prosecution failed to prove malice aforethought or participation in the fatal mob attack.

Criminal law — Murder — Malice aforethought — Requirement to prove intention to kill or cause grievous harm; Criminal law — Joint enterprise — Liability where accused participated in common purpose; Evidence — Dying declaration — Reliability examined against postmortem findings; Criminal procedure — Jury directions — Provocation and self‑defence not necessary on these facts; Conviction quashed for insufficient evidence

6 March 2003