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All courts - 1998 March

3 judgments

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3 judgments


March 1998
Nathebe v R (Misc. Criminal Application 90 of 1997) [1998] MWHC 3 (30 March 1998) Bail pending appeal requires exceptional circumstances; s.283’s reverse onus raises constitutional doubt, but bail was refused. Bail pending appeal — exceptional circumstances/likelihood of success; Penal Code s.283 — reverse onus against public servants; constitutional presumption of innocence (s.42(2)(f)(iii)); limitation analysis — Oakes/proportionality; State must lead evidence to justify reverse onus	30 March 1998
R v Nthumbuli (Confirmation Case 1016 of 1997) [1998] MWHC 2 (26 March 1998) Court confirmed a two-year sentence for arson of a dwelling occupied by the complainant despite limited evidence of property value. Criminal law — Arson — Setting a dwelling house on fire — Seriousness of offence — Sentence — Plea of guilty as mitigation (reduction up to one-third) — Confirmation of magistrate's sentence — Lack of evidence of property value not dispositive	26 March 1998
Wandawanda v The Attorney General (Civil Cause 998 of 1993) [1998] MWHCCiv 1 (18 March 1998) Defendant's application to set aside judgment granted; no undue delay and parties to bear their own costs. Civil procedure — setting aside judgment — default judgment review — undue delay and prejudice — merits to prevail over procedural technicalities — costs each party to bear.	18 March 1998