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Malawi decisions
Decisions matching the current search
R v Julio (Confirmation Case 545 of 2022) [2023] MWHCCrim 10 (5 May 2023)
A rest house is a human dwelling, and thus the accused should have been convicted of burglary and theft as originally charged, not merely breaking into a building and committing a felony therein.
Source excerpt
R v Jeke (Confirmation Case 660 of 2021) [2022] MWHC 66 (26 April 2022)
The High Court of Malawi confirmed Manuel Jeke’s convictions for burglary and theft, holding the sentence appropriate after a full trial.
Republic v Yustino Kamanga (Confirmation Case 952 of 2020; Criminal Case 205 of 2020) [2021] MWHC 124 (11 October 2021)
The High Court of Malawi confirmed burglary and theft convictions, holding that recent possession, a voluntary confession, and the evidence supported the sentences.
Republic v Samson Magalasi (Confirmation Case 160 of 2021; Criminal Case 693 of 2020) [2021] MWHC 123 (10 September 2021)
The magistrate correctly weighed aggravating and mitigating factors, including the seriousness of the offence, the accused's youth, first offender status, lack of property damage, and unrecovered stolen property, resulting in an appropriate sentence that fits the crime, victim, offender, and societal protection.
Source excerpt
Republic v Madalitso Moses (Confirmation Case 105 of 2021; Criminal Case 129 of 2020) [2021] MWHC 120 (10 September 2021)
The High Court of Malawi enhanced burglary and theft sentences after finding the original punishment too lenient despite a guilty plea, youth, and partial recovery.
R v Damiano (Confirmation Case 512 of 2020) [2021] MWHCCrim 6 (14 June 2021)
High Court confirmation proceedings on a burglary and indecent assault sentence. The court found the burglary term too low but confirmed it because the convict had already served it.
R v Chiumia (Confirmation Case 525 of 2017) [2021] MWHCCrim 16 (1 April 2021)
The High Court of Malawi acquitted Perekani Chiumia after finding the burglary and theft conviction unsafe. Recent possession of a phone did not rebut his explanation.
R v Joseph Julius (Confirmation Case 897 of 2020) [2021] MWHC 145 (25 February 2021)
The High Court of Malawi confirmed sentences for burglary and theft, declining to enhance them despite the reviewing judge’s view that they were too lenient.
Republic v Julius (Confirmation Case 897 of 2020) [2021] MWHC 383 (25 February 2021)
The High Court of Malawi confirmed sentences for burglary and theft, declining to enhance them despite aggravating factors, citing the offender’s first-offender status and youth.
Mpinganjira v R (Criminal Review 3 of 2020) [2020] MWHC 86 (28 January 2020)
The High Court of Malawi upheld a burglary conviction and 5-year sentence, finding the prosecution proved its case beyond reasonable doubt.
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