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Malawi Case Law

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Criminal law [2022] MWHCCrim 116

R v Mussa (Confirmation Case 942 of 2021)

R v Mussa (Confirmation Case 942 of 2021) [2022] MWHCCrim 116 (6 December 2022)

High Court of Malawi confirmed a robbery conviction, upheld the finding of guilt, and enhanced the sentence to 12 years on each count to run concurrently.

  • Robbery
  • Sentencing
  • Evidence
  • Identification
  • Criminal-appeal
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Criminal law [2022] MWHCCrim 114

R v Paul (Confirmation Case 995 of 2021)

R v Paul (Confirmation Case 995 of 2021) [2022] MWHCCrim 114 (6 December 2022)

The court found that both robbery and rape were proved beyond reasonable doubt, with identification evidence corroborated and confession supporting the victim's account. The sentences were enhanced due to aggravating factors, including violence, planning, and lack of recovery of stolen items.

  • Robbery
  • Rape
  • Sentencing
  • Identification evidence
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Criminal law [2022] MWHCCrim 112

R v Paul (Confirmation Case 995 of 2021)

R v Paul (Confirmation Case 995 of 2021) [2022] MWHCCrim 112 (6 December 2022)

The conviction for robbery was sustained based on positive identification, corroborated by the recovery of the panga knife and witness testimony. The conviction for rape was sustained as the evidence showed non-consensual sex, corroborated by the victim's immediate reporting and the convict's admissions. The sentence was enhanced to 9 years for robbery and 20 years for rape, to run concurrently, due to the seriousness and aggravating circumstances of the offences.

  • Robbery
  • Rape
  • Sentencing
  • Identification evidence
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Criminal law [2022] MWHC 200

R v Zingale (Confirmation Case 999 of 2021)

R v Zingale (Confirmation Case 999 of 2021) [2022] MWHC 200 (6 December 2022)

High Court of Malawi confirmed a robbery conviction, found the identification evidence reliable, and enhanced the sentence because of violence and aggravating factors.

  • Robbery
  • Sentencing
  • Identification evidence
  • Identification-evidence
  • Criminal-law
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Criminal law [2022] MWHC 115

R v Banda (Confirmation Case 246 of 2022)

R v Banda (Confirmation Case 246 of 2022) [2022] MWHC 115 (21 July 2022)

The High Court of Malawi enhanced Happy Banda’s robbery sentence from seven to fourteen years after finding multiple offenders, a weapon, and violence.

  • Robbery
  • Sentencing enhancement
  • Use of offensive weapon
  • Robbery-sentencing
  • Sentence-enhancement
  • Violent-crime
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Criminal law [2022] MWHC 184

R v Banda (Confirmation Case 246 of 2022)

R v Banda (Confirmation Case 246 of 2022) [2022] MWHC 184 (21 July 2022)

The High Court of Malawi enhanced a robbery sentence from seven to fourteen years’ imprisonment with hard labour after finding multiple aggravating factors.

  • Robbery
  • Sentencing
  • Aggravating factors
  • Aggravating-factors
  • Criminal-law
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Criminal law [2018] MWHC 1086

Banda & Anor. v R

Banda & Anor. v R (Criminal Appeal 9 of) [2018] MWHC 1086 (28 August 2018)

The confessions of the appellants were materially true and corroborated by the evidence of the night guard and the investigator, placing the appellants at the scene and proving their involvement beyond reasonable doubt. The conviction was therefore proper and the appeal fails.

  • Confession evidence
  • Corroboration
  • Burden of proof
  • Appeals
  • Robbery
  • Breaking into a building and committing a felony
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Criminal law [2018] MWHC 15

Kwada v R

Kwada v R (Criminal Appeal 26 of 2017) [2018] MWHC 15 (13 February 2018)

The High Court upheld Allan Kwada’s robbery conviction, but reduced his 8-year sentence to 3 years after finding the original term excessive.

  • Robbery
  • Sentencing
  • Admissibility of evidence
  • Consecutive sentences
  • Criminal-law
  • Evidence
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Criminal law [2018] MWHCCrim 17

Kwada v R

Kwada v R (Criminal Appeal 26 of 2017) [2018] MWHCCrim 17 (13 February 2018)

The High Court upheld a robbery conviction, but reduced the sentence from 8 to 3 years after finding the evidence sufficient and the search and confession admissible.

  • Robbery
  • Sentencing
  • Admissibility of evidence
  • Burden of proof
  • Consecutive sentences
  • Admissibility-of-evidence
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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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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.