R v Mikeyasi (Homicide Case 194 of 2016) [2017] MWHCCrim 5 (10 November 2017)
The accused is discharged because the prosecution has decided not to continue proceedings, pursuant to s 77 of the Criminal Procedure and Evidence Code.
Source-derived case information.
- Citation
- [2017] MWHCCrim 5
- Parties
- Prosecution: The Republic; Accused: George Mikey Asi
- Court
- High Court of Malawi Criminal Division
- Jurisdiction
- Malawi
- Case Number
- Homicide Case 194 of 2016
- Procedural Posture
- Criminal / Order of Discharge
- Outcome
- accused discharged
- Legal Topics
- Discharge of Accused, Discontinuance of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
George Mikey Asi
Accused
Procedural Posture
Criminal / Order of Discharge
Legal Issues
- 1 Whether proceedings against the accused should be discontinued under s 77 of the Criminal Procedure and Evidence Code
Ratio Decidendi
The accused is discharged because the prosecution has decided not to continue proceedings, pursuant to s 77 of the Criminal Procedure and Evidence Code.
Court Disposition
accused discharged
Orders
- The accused is discharged under s 77 of the Criminal Procedure and Evidence Code.
- Conditions of bail and recognizances are discharged.
Full Case Text
Judgment text and source record
1 paragraphs
JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION SITTING AT MULANJE Homicide Cause No. 194 of 2016 . Ce~MS ............ of201. ........ ; MJ/C~ll/01/to;J:-'3), .:., . ·~?\_ "?~ .. ; :"'1 >,·, -.,\;,} ( · (bemg cnmmal case no. 18 of 2016, FGM, MulanJe Mag1strat~o,%}/\ - \;;... ,;, . ,.,,.. 1/..), - 10 7 THE REPUBLIC versus GEORGE MIKEY ASI ' J' ~.>-~ ~,. A .... ·,·<z9t1:i'E"/-::\·, ', .. ".:) ··· ... :..._; '~ ::> ~i < c) ' ,:~ ~ , 0 ·,~ '~- :~o - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -" ~ ORDER OF DISCHARGE (s 77 of the CP&EC) UPON hearing the prosecution of their intention that the proceedings against the accused shall not continue; THIS COURT discharges GEORGE l\1IKEY ASI under s 77 of the Criminal Procedure and Evidence and Code in respect of the charge for which the discontinuance is entered; IT IS ALSO ORDERED THAT the conditions of his release on bail from detention and his recognizances be and are hereby p.is~harged. Pronounced in open court tl11s-11~y ofNovember 2017. ~JWG- Justice Kamanga Case information: Dr. Priminta Accused Mr. Panyanja Ms. Mthunzi Ms. Million Senior Assistant Chief State Advocate. Absent/Hospitalised Senior Legal Aid Advocate. Principal Court Reporter. Court Clerk.