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All courts - 1997 July

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4 judgments
Citation
Judgment date
July 1997
Director of Public Prosecution v Banda (Kamuzu) & Ors. (MSCA Criminal Appeal 21 of 1995) [1997] MWSC 2 (30 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
R v Ndisale (Confirmation Case 494 of 1997) [1997] MWHC 16 (30 July 1997)
Sentencing discretion must be reasoned and, for simple burglary, a six-year term was reduced to three years' hard labour.
Sentencing – requirement to give reasons – sentencing discretion reviewable; Burglary – seriousness and starting point (Chizumila) – adjustment for aggravating/mitigating factors; Simple burglary – three years' imprisonment with hard labour.
 30 July 1997
R v Nyirenda (Confirmation Case 568 of 1997) [1997] MWHC 17 (30 July 1997)
Whether the defendant's three-year sentence for theft by servant was excessive and the appropriate reduced term.
Criminal law – Theft by servant – Sentencing principles – Whether original sentence manifestly excessive – Treatment of multiple thefts in one count – Breach of trust embodied in s.286.
 30 July 1997
Nkoka v R (Criminal Appeal 73 of 1997) [1997] MWHC 15 (23 July 1997)
Custodial sentence for a first‑time misdemeanour offender imposed without reasons or s340 compliance was improper; appeal allowed.
Sentencing — First offender — Section 340 Criminal Procedure and Evidence Code — Requirement to record good grounds before imprisonment — Duty to give reasons for sentence — Consideration of s337 factors and non‑custodial alternatives.
 23 July 1997