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Criminal law
6 documents
Kabambe v Nyasulu & The Director of Public Prosecutions (Judicial Review 2 of 2025) [2025] MWHC 12 (28 April 2025)
Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
  • Prosecutorial discretion — Judicial review leave — Selective prosecution alleged — Requirement to exhaust parliamentary oversight (Legal Affairs Committee) — Exceptional circumstances threshold (dishonesty/mala fides) — Prematurity and abuse of civil process to challenge criminal proceedings.
Judgment 28 April 2025
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
Batatawala and Another v Director of Anti Corruption Bureau and Another (Constitutional Cause 1 of 2023) [2024] MWHC 19 (10 April 2024)
Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
  • Constitutional law — retrospectivity of statutes — Financial Crimes Act section 42 vs repealed MLA section 35 — interpretation of saving provision section 141(2) FCA — right not to be convicted for non-existent offence and protection against harsher retrospective penalties — procedural commencement via constitutional referral (Order 19 CPR).
Judgment 10 April 2024
Kamwagha v R (Criminal Appeal 17 of 2021) [2024] MWHCCrim 1 (25 March 2024)
Appellant’s convictions for grievous harm and malicious damage quashed for insufficient evidence; alternative conviction impermissible under precedent.
  • Criminal law — Grievous bodily harm — High threshold for ‘grievous harm’ under section 4/238 — Medical evidence not always mandatory but here insufficient; Malicious damage — proof of wilful or reckless damage required and absence of exhibit fatal; Alternative verdicts — courts may not substitute lesser offences where State chose charge (Namatav v Republic); Self‑defence and provocation — disproportional response defeats self‑defence, provocation not available to reduce non‑murder offences; Sentencing — original sentences excessive.
Judgment 25 March 2024
R v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 6 (12 January 2024)
Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
  • Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
Judgment 12 January 2024
R v Abdullah & 8 others (Criminal Case 4 of 2017) [2019] MWHCCrim 6 (2 August 2019)
Discharge for statutory delay refused where felonies and misdemeanours formed part of the same series; s.302A inapplicable.
  • Criminal procedure — s.302A CP&EC (time limits for trial) — s.261 CP&EC — s.127 CP&EC (charging felonies and misdemeanours together) — attribution of delay — discharge for delay refused.
Judgment 2 August 2019