Errors and rectifications

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4 documents

Title	Date
R v Uzioigwe (Case No. 03 of 2024 (Being criminal case No. 05 of 2024)) [2024] MWHC 61 (20 November 2024) Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances. Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.	Judgment	20 November 2024
R v Mbawu (Being Criminal Case 374 of 2024 at Mchinji Magistrate's Court) [2024] MWHCCrim 8 (19 November 2024) High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences. Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.	Judgment	19 November 2024
Raja v R (Criminal Appeal 2 of 2021) [2024] MWHC 68 (23 July 2024) Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement. Criminal law – Defilement and child trafficking – Convictions upheld; Sentence enhancement – appellate increase set aside for failure to afford audi alteram partem – Right to be heard before adverse sentencing order – Late filing of skeleton arguments allowed as exception – State nonattendance at apex court criticized.	Judgment	23 July 2024
Casalee Cargo Limited v Mjojo t/a Opal Enterprises (Civil Cause 186 of 1990) [1991] MWHC 37 (14 January 1991) Court allowed substitution of newly incorporated company for firm sued, finding a genuine mistake and permitting amendment with costs. Civil procedure – amendment/substitution of party – Order 20 Rule 5(3) – genuine mistake – corporate conversion of a firm to a company – avoidance of multiplicity of actions.	Judgment	14 January 1991