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Malawi Supreme Court of Appeal - 2014 August

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1 judgment
August 2014
Chalera and 2 Others v R (Civil Appeal 5 of 2012) [2014] MWSC 3 (28 August 2014)
Missing judge’s summing-up in a jury trial rendered convictions unsafe; convictions set aside and surviving appellants released.
  • Criminal procedure — jury trials — importance of judge’s summing-up and directions; Incomplete trial record — missing summing-up may render convictions unsafe; Reconstruction of missing record — impracticable after long delay; Remedy — setting aside conviction and considerations for retrial; Delay in custody — may preclude ordering retrial.
28 August 2014