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Malawi decisions
Decisions matching the current search
R v Matotsa (Criminal Case 11 of 2023) [2023] MWHC 121 (21 December 2023)
Sentencing decision for defilement: the High Court of Malawi imposed 30 years’ imprisonment with hard labour on a repeat offender after weighing aggravating and mitigating factors.
R v Nambazo and Another (Criminal Case 19 of 2023) [2023] MWHC 117 (20 December 2023)
The mandatory death penalty for murder is unconstitutional. Sentencing must consider aggravating and mitigating factors, the seriousness of the offence, and the individual circumstances of the convicts. The convicts do not fall within the category of the 'worst of murderers' and thus do not merit the death penalty or life imprisonment. A custodial sentence of 34 years with hard labour, effective from the date of arrest, is appropriate for each convict.
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R v Tseka (Criminal Case 5 of 2023) [2023] MWHC 114 (20 December 2023)
High Court of Malawi resentenced Charles Tseka for murder to 37 years’ imprisonment with hard labour, after finding the mandatory death penalty unconstitutional.
R v Thifu (Criminal Case 3 of 2023) [2023] MWHC 118 (20 December 2023)
The mandatory death sentence for murder is unconstitutional; resentencing must consider general sentencing principles, aggravating and mitigating factors, and the individual circumstances of the offender. The convict, though guilty of a serious premeditated murder, is a first offender and does not fall within the category of the 'worst of murderers.' A custodial sentence of 42 years with hard labour, effective from the date of arrest, is appropriate.
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R v Khoviwa (Criminal Case 20 of 2023) [2023] MWHC 116 (20 December 2023)
The mandatory death sentence for murder is unconstitutional. Sentencing must consider both aggravating and mitigating factors, including the seriousness of the offence, the use of a weapon, group action, lack of premeditation, youth of the offender, first offender status, and capacity for rehabilitation. The convict does not fall within the category of the worst murderers and thus does not deserve the death penalty or life imprisonment. A custodial sentence of 36 years is appropriate, to run from the date of arrest.
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Republic v Selenji (Confirmation Cause 520 of 2023) [2023] MWHCCrim 12 (13 December 2023)
The High Court of Malawi confirmed a defilement conviction on a guilty plea but enhanced the sentence from 18 to 25 years, finding it too lenient.
State v Mfune and Others (Case Number 29 of 2023) [2023] MWHCCrim 13 (20 November 2023)
The High Court of Malawi dismissed an appeal against sentence for arson, holding that eight years’ imprisonment with hard labour was harsh but not manifestly excessive.
R v Harazi (Homicide Case 32 of 2020) [2023] MWHCCrim 15 (23 September 2023)
After a guilty plea to manslaughter, the High Court of Malawi sentenced Dyson Maxwell Harazi to 5 years’ imprisonment, balancing mitigation against the seriousness of the death.
John v R (Criminal Appeal 24 of 2020) [2023] MWHC 115 (20 September 2023)
The High Court of Malawi dismissed a criminal appeal against a defilement conviction and 14-year sentence, holding the guilty plea was unequivocal and properly recorded.
R v Nthala (Confirmation Case 122 of 2022) [2023] MWHCCrim 19 (26 April 2023)
The High Court of Malawi enhanced a defilement sentence from 8 years 3 months to 25 years, citing aggravating factors and current sentencing trends.
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