R v Namamya (Criminal Cause 89 of 2017) [2017] MWHC 722 (8 November 2017)
The accused is discharged under section 77 of the Criminal Procedure and Evidence Code due to the prosecution's discontinuance of proceedings.
Source-derived case information.
- Citation
- [2017] MWHC 722
- Parties
- Prosecution: The Republic; Accused: Kondwani Namanya
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Criminal Cause 89 of 2017
- Procedural Posture
- Criminal / Order of Discharge
- Outcome
- accused discharged
- Legal Topics
- Discontinuance of Proceedings, Discharge of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Kondwani Namanya
Accused
Procedural Posture
Criminal / Order of Discharge
Legal Issues
- 1 Whether the accused should be discharged following prosecution's discontinuance of proceedings
Ratio Decidendi
The accused is discharged under section 77 of the Criminal Procedure and Evidence Code due to the prosecution's discontinuance of proceedings.
Court Disposition
accused discharged
Orders
- Kondwani Namanya is discharged under section 77 of the Criminal Procedure and Evidence Code.
- Conditions of release from detention on 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. 89 of 2017 (eCMS 5949 of 2017; MJ/CR/29/09/2016) THE REPUBLIC versus KONDWANI NAMANYA ORDER OF DISCHARGE (s 77 o f the CP&EQ UPON hearing the prosecution of their intention to discontinue the proceedings against the accused; THIS COURT discharges KONDWANI NAMANYA under s 77 of the Criminal in respect of the charge for which the Procedure and Evidence Code discontinuance is entered; IT IS ALSO ORDERED THAT the conditions of his release from detention on bail and his recognizances be and are hereby discharged. Pronounced in open court this 8 day of November 2017. th Justice Kamanga Senior Assistant Chief State Advocate. Absent. Senior Legal Aid Advocate. Principal Court Reporter. Court Clerk. Case information: Dr. Priminta Accused Mr. Panyanja Ms. Mthunzi Ms. Million CC CC : : Chichiri Prison Accounts