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Malawi Case Law

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Criminal-law [2021] MWHC 403

Mtilosanje and 3 Others v R (MSCA Criminal Appeal 10 of 2020)

Mtilosanje and 3 Others v R (MSCA Criminal Appeal 10 of 2020) [2021] MWHC 403 (28 July 2021)

The Supreme Court of Appeal upheld a no-case-to-answer ruling in a murder appeal, finding the prosecution had not proved cause of death or a nexus to the accused.

  • Murder
  • Burden-of-proof
  • Case-to-answer
  • Circumstantial-evidence
  • Appeals-procedure
  • Criminal-appeal
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Criminal-law [2021] MWHC 402

Chanthunya v S (Being Criminal Case No. 11 at the High Court of Malawi, Zomba Registry)

Chanthunya v S (Being Criminal Case No. 11 at the High Court of Malawi, Zomba Registry) [2021] MWHC 402 (14 July 2021)

The appeal was dismissed. The court upheld convictions for murder, hindering burial, and perjury, and held that remaining admissible evidence proved guilt beyond reasonable doubt.

  • Murder
  • Hindering-burial-of-a-dead-body
  • Perjury
  • Admissibility-of-evidence
  • Extradition-procedures
  • Fair-trial-rights
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Criminal-law [2020] MWHCCrim 3

Mpinganjira v The State

Mpinganjira v The State (Anti-Corruption Bureau) (Criminal Review 3 of 2020) [2020] MWHCCrim 3 (28 January 2020)

The High Court of Malawi acquitted the accused of murder, finding the circumstantial evidence did not prove beyond reasonable doubt that he caused the death.

  • Murder
  • Evidence
  • Burden-of-proof
  • Criminal-law
  • Circumstantial-evidence
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Criminal-law [2019] MWHC 80

R v Hanwell Ng'ambi & Anor

R v Hanwell Ng'ambi & Anor (Criminal Case 171 of 2018) [2019] MWHC 80 (14 February 2019)

The High Court of Malawi found no prima facie case against Banwell Ng'ambi for murder and acquitted him after the prosecution closed its case.

  • Murder
  • Standard-of-proof
  • No-case-to-answer
  • Acquittal
  • Criminal-procedure
  • Circumstantial-evidence
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Criminal-law [2018] MWHCCrim 1

Malava v R

Malava v R (Criminal Appeal 21 of 2012) [2018] MWHCCrim 1 (22 June 2018)

The High Court upheld Amos Malava’s conviction for theft by servant, finding the circumstantial evidence sufficient, but noted the six-year sentence was excessive.

  • Theft-by-servant
  • Circumstantial-evidence
  • Sentencing
  • Burden-of-proof
  • Criminal-appeal
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Criminal-law [2018] MWHC 1321

Msonda v R

Msonda v R (Criminal Appeal 3 of 2017) [2018] MWHC 1321 (11 April 2018)

The High Court upheld a conviction for arson and confirmed a 48-month sentence, finding the identification and circumstantial evidence reliable.

  • Arson
  • Burden-of-proof
  • Identification-evidence
  • Sentencing
  • Mitigating-and-aggravating-factors
  • Criminal-appeals
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Criminal-law [2017] MWHC 815

Simkonda v State

Simkonda v State (Criminal Appeal 1 of 2017) [2017] MWHC 815 (6 December 2017)

Criminal appeal over malicious damage and theft convictions. The High Court upheld conviction, found the charge not fatally defective, and reduced the theft sentence.

  • Malicious-damage
  • Theft
  • Sentencing
  • Circumstantial-evidence
  • Burden-of-proof
  • Criminal-appeal
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Criminal-law [2017] MWHCCrim 6

Simwaka and 1 other v Republic

Simwaka and 1 other v Republic (Criminal Appeal Case 41 of 2016) [2017] MWHCCrim 6 (12 June 2017)

The High Court of Malawi acquitted the accused in a criminal appeal after finding the prosecution failed to prove beyond reasonable doubt that he caused the deceased’s death.

  • Murder
  • Evidence
  • Burden-of-proof
  • Criminal-law
  • Circumstantial-evidence
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Criminal-law [2012] MWHC 17

R v Banda (75 of 2011)

R v Banda (75 of 2011) [2012] MWHC 17 (19 November 2012)

The High Court dismissed Innocent Banda’s criminal appeal, upholding his conviction under section 304 for threatening SMS extortion and confirming the 4-year sentence.

  • Demanding-property-by-written-threats
  • Burden-of-proof
  • Standard-of-proof
  • Circumstantial-evidence
  • Sentencing
  • Criminal-appeal
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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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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.