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Malawi Case Law

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Criminal law [2018] MWHC 1096

Jafali v R

Jafali v R (Criminal Appeal 13 of 2018) [2018] MWHC 1096 (8 November 2018)

The High Court of Malawi allowed a criminal appeal, quashing convictions for malicious damage and common assault due to lack of evidence connecting the appellant to the offences.

  • Malicious damage
  • Common assault
  • Standard of proof
  • Appeal against conviction and sentence
  • Criminal-law
  • Malicious-damage
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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 [1998] MWHC 4

Mlashi & Ors. v R

Mlashi & Ors. v R (Criminal Appeal 31 of 1998) [1998] MWHC 4 (10 April 1998)

No appeal lies to the High Court against an order that there is a case to answer, as such an order is not final; appellate jurisdiction is limited to final judgments or orders.

  • Appeals
  • Interlocutory orders
  • Malicious damage
  • Common assault
  • Jurisdiction
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Criminal law [1994] MWHCCrim 5

Kanyemba v R

Kanyemba v R (Criminal Appeal 25 of 1993) [1994] MWHCCrim 5 (22 April 1994)

The High Court held that Police Act disciplinary procedures did not make the criminal trial a nullity, but allowed the appeal and set aside the conviction and sentence.

  • Common assault
  • Malicious damage
  • Police disciplinary proceedings
  • Criminal procedure
  • Criminal-appeal
  • Police-disciplinary-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.