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Malawi Case Law

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Criminal law [2022] MWHC 99

R v Jackson (Confirmation Case 227 of 2022)

R v Jackson (Confirmation Case 227 of 2022) [2022] MWHC 99 (19 July 2022)

The High Court of Malawi confirmed concurrent prison sentences for a convict who broke into three employer-owned shops and stole property worth about MWK 1.3 million.

  • Breaking into a building
  • Theft
  • Sentencing
  • Mitigation
  • Aggravating factors
  • Criminal-law
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Criminal law [2011] MWHC 1

R v Mwaungulu (37 of 2010)

R v Mwaungulu (37 of 2010) [2011] MWHC 1 (20 February 2011)

The High Court allowed a criminal appeal, quashed the conviction for breaking into a building and committing a felony, and set aside the six-year sentence.

  • Burden of proof
  • Circumstantial evidence
  • Breaking into a building
  • Theft
  • Standard of proof
  • Criminal-law
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Criminal law [2009] MWHC 46

Massah v R (71 of 2009)

Massah v R (71 of 2009) [2009] MWHC 46 (1 September 2009)

The High Court upheld a conviction for breaking into a shop and stealing goods, but reduced the six-year sentence to 3.5 years after finding mitigation had been overlooked.

  • Breaking into a building
  • Sentencing
  • Appeal against conviction and sentence
  • Criminal-law
  • Criminal-appeal
  • Recent-possession
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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 61

R v Majawa (Confirmation Cause 1775 of 2006)

R v Majawa (Confirmation Cause 1775 of 2006) [2008] MWHC 61 (26 February 2008)

The High Court of Malawi reduced a sentence for breaking into a building and theft from 2½ years to 2 years after considering a guilty plea and youth.

  • Sentencing
  • Breaking into a building
  • Theft
  • Breaking-and-entering
  • Criminal-law
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Criminal law [2008] MWHC 236

Nasho & Anor. v R (118 of 2005)

Nasho & Anor. v R (118 of 2005) [2008] MWHC 236 (21 February 2008)

On criminal appeal, the High Court of Malawi upheld a custodial sentence but reduced it from 20 to 12 months, citing guilty plea, first-offender status, and the offence's aggravating features.

  • Sentencing
  • Appeal against sentence
  • Breaking into a building
  • Mitigating factors
  • Criminal-sentencing
  • Sentence-appeal
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Criminal law [2007] MWHC 69

R v Jere (110 of 2006)

R v Jere (110 of 2006) [2007] MWHC 69 (2 May 2007)

The High Court of Malawi dismissed Antony Jere’s appeal, holding that the evidence linking him to breaking into a factory and stealing hair braids was overwhelming.

  • Breaking into a building
  • Theft
  • Criminal procedure
  • Evidence
  • Criminal-appeal
  • Breaking-and-entry
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Criminal law [2007] MWHC 59

R v Kamwendo (69 of 2006)

R v Kamwendo (69 of 2006) [2007] MWHC 59 (30 January 2007)

The High Court allowed a criminal appeal, quashing a conviction for breaking into a building and committing a felony after finding the evidence fell short of proof beyond reasonable doubt.

  • Breaking into a building
  • Theft
  • Confession
  • Burden of proof
  • Appeal against conviction and sentence
  • Criminal-appeal
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Criminal law [2003] MWHC 39

R v Amani (Confirmation Case 144 of 2003)

R v Amani (Confirmation Case 144 of 2003) [2003] MWHC 39 (5 June 2003)

The High Court of Malawi reduced a sentence for breaking into a building and committing a felony therein, finding the original term manifestly excessive.

  • Sentencing
  • Breaking into a building
  • Felony
  • Previous convictions
  • Criminal-law
  • Breaking-into-building
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Criminal law [2003] MWHC 104

R v John Ayami (Confirmation Case 660 of 2001)

R v John Ayami (Confirmation Case 660 of 2001) [2003] MWHC 104 (16 April 2003)

The High Court of Malawi confirmed a five-year sentence for breaking into a building and committing a felony, holding it was within sentencing guidelines.

  • Breaking into a building
  • Sentencing
  • Confirmation of sentence
  • Criminal-law
  • Property-offences
  • Confirmation-of-sentence
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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.