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Malawi decisions
Decisions matching the current search
Lapozo v Republic (Criminal Appeal 24 of 2022) [2022] MWHC 177 (23 December 2022)
Criminal appeal over Indian hemp convictions. The High Court quashed the convictions, finding the accomplice evidence lacked corroboration and the call logs were insufficient.
Luwayo v State (Appeal Case 3 of 2022) [2021] MWHCCrim 20 (21 June 2021)
The prosecution did not prove lack of consent beyond reasonable doubt as there was insufficient corroborative evidence; therefore, the conviction is unsustainable.
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Mbewe v State (Criminal Appeal 113 of 2018) [2020] MWHCCrim 21 (18 September 2020)
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies regarding the date of the alleged offence and lack of corroborative evidence; the appellant is acquitted.
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Kaliyati v R (Criminal Appeal 109 of 2018) [2020] MWHC 95 (7 July 2020)
There was no conclusive evidence of penetration to sustain a conviction for defilement; however, circumstantial evidence established beyond reasonable doubt that the appellant indecently assaulted the child, warranting conviction for indecent assault under section 137 of the Penal Code.
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Mwanja v State (Criminal Appeal 85 of 2018) [2020] MWHCCrim 23 (18 February 2020)
The High Court upheld a defilement conviction and 10-year sentence, finding the complainant’s evidence direct and corroborated and the appeal unmeritorious.
Mzunga v R (Criminal Appeal 38 of 2018) [2018] MWHC 1171 (20 December 2018)
There was sufficient corroboration of the victim's unsworn testimony through circumstantial evidence and medical report, age was properly proved, and the sentence was not excessive given the aggravating circumstances.
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Banda & Anor. v R (Criminal Appeal 9 of) [2018] MWHC 1086 (28 August 2018)
The confessions of the appellants were materially true and corroborated by the evidence of the night guard and the investigator, placing the appellants at the scene and proving their involvement beyond reasonable doubt. The conviction was therefore proper and the appeal fails.
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Banda & Anor. v R (Criminal Appeal 9 of 2018) [2018] MWHC 822 (28 August 2018)
The High Court dismissed a criminal appeal, holding that the appellants’ retracted confessions were materially true and sufficiently corroborated by other evidence.
Kavalo v R (Criminal Appeal 20 of 2017) [2018] MWHC 697 (12 April 2018)
The conviction was upheld as the victim's identification of the appellant was reliable, corroboration was not legally required, the alibi defence was disproved, and the sentence was proportionate; the erroneous admission of the medical report did not affect the outcome.
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Luwe v R (Criminal Appeal 78 of 2016) [2018] MWHC 940 (8 February 2018)
High Court appeal from a defilement conviction was dismissed after the court found the child’s evidence was sufficiently corroborated and the sentence was not excessive.
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