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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 [2018] MWHC 1122

Manuel v R

Manuel v R (Criminal Appeal 39 of 2018) [2018] MWHC 1122 (2 November 2018)

The sentence was manifestly excessive given the appellant's plea of guilty, first offender status, and the absence of aggravating factors; a more lenient sentence was appropriate.

  • Dangerous drugs
  • Sentencing
  • Appeal against sentence
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Criminal law [2018] MWHC 1245

Manuel v R

Manuel v R (Criminal Appeal 39 of 2018) [2018] MWHC 1245 (2 November 2018)

The sentence of 5 years was manifestly excessive given the appellant's plea of guilty, first offender status, and the relatively small quantity of drugs. There were no aggravating factors. The sentence was reduced to 24 months.

  • Dangerous drugs
  • Sentencing
  • Appeal against sentence
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Criminal law [2018] MWHC 1268

Mbukwa v S

Mbukwa v S (Criminal Appeal 106 of 2017) [2018] MWHC 1268 (30 March 2018)

The High Court of Malawi upheld a 48-month sentence for theft by servant, finding it was not manifestly excessive and that the trial court made no error in principle.

  • Theft by servant
  • Sentencing guidelines
  • Appeal against sentence
  • Theft-by-servant
  • Sentencing-guidelines
  • Sentence-appeal
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Criminal law [2017] MWHC 816

Mwafenga v R

Mwafenga v R (Criminal Appeal 107 of 2016) [2017] MWHC 816 (12 June 2017)

High Court of Malawi appeal on sentence in a trafficking in persons conviction, confirming some custodial terms, correcting others, and clarifying the relevant charges.

  • Trafficking in persons
  • Sentencing
  • Appeal against sentence
  • Trafficking-in-persons
  • Criminal-appeal
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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 [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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