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Malawi decisions
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The Republic vs Mumba (Homicide Criminal Case 157 of 2020) [2025] MWHC 18 (28 July 2025)
The High Court of Malawi dismissed an application for bail pending appeal, finding no exceptional circumstances and no strong prospect of success on appeal.
Uladi and 4 Others v R (Homicide Bail 157 of 2023) [2024] MWHC 43 (29 July 2024)
The applicants' continued detention beyond the 90-day pre-trial custody time limit for murder without court extension was unlawful; however, release should be on bail with conditions to ensure attendance at trial, as permitted by Section 161I of the Criminal Procedure and Evidence Code.
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R v Nambazo and Another (Criminal Case 19 of 2023) [2023] MWHC 117 (20 December 2023)
The mandatory death penalty for murder is unconstitutional. Sentencing must consider aggravating and mitigating factors, the seriousness of the offence, and the individual circumstances of the convicts. The convicts do not fall within the category of the 'worst of murderers' and thus do not merit the death penalty or life imprisonment. A custodial sentence of 34 years with hard labour, effective from the date of arrest, is appropriate for each convict.
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R v Tseka (Criminal Case 5 of 2023) [2023] MWHC 114 (20 December 2023)
High Court of Malawi resentenced Charles Tseka for murder to 37 years’ imprisonment with hard labour, after finding the mandatory death penalty unconstitutional.
R v Thifu (Criminal Case 3 of 2023) [2023] MWHC 118 (20 December 2023)
The mandatory death sentence for murder is unconstitutional; resentencing must consider general sentencing principles, aggravating and mitigating factors, and the individual circumstances of the offender. The convict, though guilty of a serious premeditated murder, is a first offender and does not fall within the category of the 'worst of murderers.' A custodial sentence of 42 years with hard labour, effective from the date of arrest, is appropriate.
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R v Khoviwa (Criminal Case 20 of 2023) [2023] MWHC 116 (20 December 2023)
The mandatory death sentence for murder is unconstitutional. Sentencing must consider both aggravating and mitigating factors, including the seriousness of the offence, the use of a weapon, group action, lack of premeditation, youth of the offender, first offender status, and capacity for rehabilitation. The convict does not fall within the category of the worst murderers and thus does not deserve the death penalty or life imprisonment. A custodial sentence of 36 years is appropriate, to run from the date of arrest.
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Nayaya v R (Miscellaneous Criminal Application 16 of 2023) [2023] MWHCCrim 22 (29 March 2023)
The High Court of Malawi denied bail to a murder and trafficking suspect, holding that despite breached custody limits, the interests of justice favored detention.
Tchale and 2 Others v R (Criminal Appeal 6 of 2019) [2023] MWSC 41 (14 February 2023)
The appellants were in charge and control of the deceased for over seven hours, directly participated in the assault with weapons, and knew or were indifferent to the probable fatal consequences. The evidence was direct and met the standard of proof beyond reasonable doubt. The conviction and sentence were justified.
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Tchale & 2 Ors. v R (MSCA Criminal Appeal 6 of 2019) [2023] MWSC 10 (14 February 2023)
The appellants, as leaders of the mob, directly participated in the prolonged assault of the deceased, causing grievous injuries that led to his death. Their actions demonstrated malice aforethought as defined by law. The evidence, though challenged, was direct and credible, establishing guilt beyond reasonable doubt. The sentence was justified given the circumstances.
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Tchale & 2 Ors. v R (MSCA Criminal Appeal 6 of 2019) [2023] MWSC 11 (14 February 2023)
The court found that the appellants, acting in concert and with weapons, assaulted the deceased over a prolonged period, causing grievous injuries that led to his death. The evidence was direct and credible, establishing malice aforethought as defined by law. The conviction and sentence were justified and not excessive.
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