R v Afaki and Athers (126 of 2007) [2007] MWHC 122 (18 December 2007)
The conviction was not properly granted; the appeal is allowed and the conviction and sentence are set aside.
Source-derived case information.
- Citation
- [2007] MWHC 122
- Parties
- Appellant: Foni Afaki; Appellant: Medson Kamphinda; Appellant: Billy William; Respondent: The Republic
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- 126 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Appeal Against Conviction, Setting Aside Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Foni Afaki
Appellant
Medson Kamphinda
Appellant
Billy William
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction was properly granted
Ratio Decidendi
The conviction was not properly granted; the appeal is allowed and the conviction and sentence are set aside.
Court Disposition
appeal allowed
Orders
- conviction set aside
- sentence set aside
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CRIMINAL APPEAL NO. 126 OF 2007 FONI AFAKI………………………………………… 1ST APPELLANT MEDSON KAMPHINDA………………………….. 2ND APPELLANT BILLY WILLIAM…..………………………………. 3RD APPELLANT -AND- THE REPUBLIC …………………………………….. RESPONDENT From the First Grade Magistrate Court sitting at Salima being criminal case no. 67 of 2007. CORAM: HON. SINGINI, J Khunga, Counsel for the state Appellants, Unrepresented Mr Chulu, Court Interpreter JUDGMENT The court is satisfied that the conviction was not properly granted and agrees with the state in opposing the conviction. The court therefore proceeds to sumarily allow the appeal against conviction and to set aside the conviction and sentence. Pronounced in Chambers of this 19th day of December, 2007. E. M. Singini, SC JUDGE