Malawi Supreme Court of Appeal - 2003 March

1 judgment

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1 judgment
Citation
Judgment date
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