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3 judgments
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3 judgments
June 2013
The Republic v Keke (Confirmation Case No. 404 of 2010; Criminal Case no. 1 of 2009) [2013] MWHCCrim 2 (18 June 2013)
Conviction upheld; ten‑year robbery sentence reduced to seven years for improper sentencing and applicable mitigation.
  • Criminal Law
    • — Sentencing — Proportionality and constitutional limits: sentences must not be cruel, inhuman or degrading (s19(3) Constitution)
    • — Robbery — Starting points for robbery: s301(1) five years; s301(2) eight years; firearms cases ten years
  • Criminal Procedure — Guilty Plea — Mitigation and reduction of sentence (up to one‑third) for an unequivocal plea
18 June 2013
R v Keke (None) [2013] MWHC 450 (17 June 2013)
Guilty‑plea conviction affirmed; ten‑year armed robbery sentence reduced to seven years as manifestly excessive.
  • Criminal Law — Sentencing — Robbery — Starting points and guidelines for s.301 offences and robberies involving firearms
  • Criminal Procedure — Confirmation review — Conviction based on unequivocal guilty plea — Admission and prosecutor’s factual narrative
  • Constitutional Law — Sentencing proportionality — Protection from cruel, inhuman or degrading punishment — Consideration of offence, victim, offender and public interest
17 June 2013
Reserve Bank of Malawi & Ors. v Attorney General (None) [2013] MWHC 451 (11 June 2013)
Whether a constitutional referral is valid where originating court and certification formalities were not followed, and whether delay justified dismissal.
  • Constitutional law — Procedure for constitutional referrals — Validity of referral where originating court failed to use Form 3 and Chief Justice’s certificate not in Form 1 — Jurisdictional limits of section 9(2) and 9(3) of the Courts Act
  • Civil procedure
    • — Dismissal for want of prosecution — Application of Birkett v James/Trill v Sacher principles — Inordinate, excusable delay and prejudice
    • — Stay of original proceedings by constitutional referral — Abuse of process where referral delays commercial remedy
11 June 2013