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Malawi Case Law

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Criminal law [2022] MWHCCrim 120

Ngwira v State

Ngwira v State (Criminal Appeal Case 19 of 2020) [2022] MWHCCrim 120 (9 May 2022)

The High Court upheld Christopher Mzomera Ngwira’s conviction for misuse of public office, reduced his sentence due to poor health, and allowed the State’s cross appeal in part.

  • Misuse of public office
  • Appeal against conviction
  • Appeal against sentence
  • Cross appeal
  • Retrial principles
  • Misuse-of-public-office
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Criminal law [2021] MWHC 151

R v Cecilia Nasiyo

R v Cecilia Nasiyo (Criminal Appeal 15 of 2021; Criminal Case 66 of 2021) [2021] MWHC 151 (19 November 2021)

The conviction is quashed because the complainant was not a child as defined by section 160A of the Penal Code, and the elements of the charged offence were not satisfied or properly put to the accused.

  • Appeal against conviction
  • Definition of child under penal code
  • Recording prohibited sexual acts
  • Retrial discretion
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Criminal law [2017] MWHC 71

Mwalilino v S

Mwalilino v S (Criminal Appeal 3 of 2015) [2017] MWHC 71 (3 April 2017)

The High Court of Malawi dismissed a criminal appeal, holding that recent possession of a stolen phone supported the conviction and that the sentence was fair.

  • Burglary
  • Robbery
  • Doctrine of recent possession
  • Appeal against conviction
  • Appeal against sentence
  • Criminal-appeal
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Criminal law [2010] MWSC 9

R v Galeta & Anor. (33 of 2005)

R v Galeta & Anor. (33 of 2005) [2010] MWSC 9 (13 January 2010)

The facts, including unchallenged and unretracted caution statements by the appellants, irresistibly and overwhelmingly support the jury's verdict of guilty for murder; thus, the conviction was well founded and the appeal must be dismissed.

  • Murder
  • Appeal against conviction
  • Weight of evidence
  • Jury verdict
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Criminal law [2009] MWHC 47

Phiri v R (22 of 2007)

Phiri v R (22 of 2007) [2009] MWHC 47 (27 October 2009)

The High Court of Malawi upheld Erasto Phiri’s robbery conviction but reduced his sentence from 10 years to 8 years imprisonment with hard labour.

  • Robbery
  • Appeal against conviction
  • Appeal against sentence
  • Assessment of evidence
  • Role of accomplice witness
  • Criminal-law
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Criminal law [2009] MWHC 24

Langson v R (90 of 2009)

Langson v R (90 of 2009) [2009] MWHC 24 (6 August 2009)

The High Court upheld a conviction entered on a guilty plea and confirmed an 18-month sentence for unlawful wounding with a panga knife.

  • Unlawful wounding
  • Appeal against conviction
  • Appeal against sentence
  • Plea of guilty
  • Criminal-law
  • Unlawful-wounding
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Criminal law [2009] MWHC 29

Lobo v R (110 of 2008)

Lobo v R (110 of 2008) [2009] MWHC 29 (15 July 2009)

The High Court upheld Elson Lobo’s conviction for breaking into a building and stealing bicycles, but reduced his sentence from 42 to 36 months.

  • Breaking into a building
  • Theft
  • Sentencing
  • Appeal against conviction
  • Appeal against sentence
  • Criminal-appeal
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Criminal law [2008] MWHC 169

R v Zakariya (86 of 2008)

R v Zakariya (86 of 2008) [2008] MWHC 169 (2 September 2008)

The High Court of Malawi dismissed a robbery appeal, holding that the evidence proved participation beyond reasonable doubt and confirming the ten-year sentence.

  • Robbery
  • Appeal against conviction
  • Appeal against sentence
  • Identification evidence
  • Right of association
  • Criminal-appeal
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Criminal law [2008] MWHC 74

R v Nyanda (80 of 2007)

R v Nyanda (80 of 2007) [2008] MWHC 74 (19 March 2008)

The High Court of Malawi dismissed a criminal appeal against conviction and sentence for obtaining by false pretences, finding the evidence supported common intent.

  • Obtaining by false pretences
  • Appeal against conviction
  • Appeal against sentence
  • Criminal-law
  • Obtaining-by-false-pretences
  • Criminal-appeal
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Criminal law [2008] MWHC 54

R v Chafukira

R v Chafukira (Criminal Appeal 138 of 2007) [2008] MWHC 54 (21 February 2008)

The High Court quashed a criminal conviction and set aside the sentence after finding the matter was really a civil debt from a business contract.

  • Appeal against conviction
  • Compensation
  • Business contract
  • Criminal-appeal
  • Appeal-against-conviction
  • Civil-debt-vs-criminal-offence
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.