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Malawi Case Law

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Criminal law [2023] MWHC 124

R v Mbedza

R v Mbedza (Criminal Appeal 15 of 2017) [2023] MWHC 124 (1 December 2023)

The High Court dismissed the State’s criminal appeal and upheld Ireen Mbedza’s acquittal for alleged theft by public servant and alternative negligence.

  • Theft by public servant
  • Negligence by public officer
  • Burden of proof
  • Standards of proof
  • Criminal appeals
  • Criminal-appeal
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Criminal law [2019] MWSC 8

Dalikeni & Ors. v R (MSCA Criminal Appeal 6 of 2016)

Dalikeni & Ors. v R (MSCA Criminal Appeal 6 of 2016) [2019] MWSC 8 (7 February 2019)

The Malawi Supreme Court of Appeal held that amended theft-sentencing provisions did not apply retroactively under lex mitior and dismissed the appeal.

  • Theft by public servant
  • Sentencing
  • Retroactive application of law
  • Lex mitior doctrine
  • Criminal-law
  • Lex-mitior
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Criminal law [2008] MWHC 21

R v Mila

R v Mila (Criminal Appeal 16 of 2005) [2008] MWHC 21 (21 January 2008)

The applicant failed to demonstrate exceptional circumstances justifying bail pending appeal; the loss of the case file alone does not warrant granting bail, and granting bail on this ground would set a dangerous precedent.

  • Bail pending appeal
  • Theft by public servant
  • Missing court record
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Criminal law [2007] MWHC 96

R v Mkwezalamba (52 of 2007)

R v Mkwezalamba (52 of 2007) [2007] MWHC 96 (22 August 2007)

The High Court of Malawi dismissed a criminal appeal against a 14-year mandatory sentence for theft by a public servant, rejecting arguments on mitigation and restitution.

  • Theft by public servant
  • Sentencing
  • Restitution
  • Mandatory minimum sentence
  • Criminal-law
  • Theft-by-public-servant
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Criminal law [2007] MWHC 70

S v Mkandawire (Confirmation Cause 61 of 2007)

S v Mkandawire (Confirmation Cause 61 of 2007) [2007] MWHC 70 (2 May 2007)

The High Court confirmed the alternative conviction, found the proved swindled amount was K41,421.54, and reduced the sentence from 40 to 12 months.

  • Theft by public servant
  • Obtaining by false pretences
  • Sentencing
  • Criminal procedure
  • Criminal-law
  • Obtaining-by-false-pretences
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Criminal law [2001] MWHC 28

Chimeta v R

Chimeta v R (Criminal Appeal 43 of 2000) [2001] MWHC 28 (7 June 2001)

The High Court of Malawi upheld a conviction for theft by a public servant, finding the appellant knowingly used overpaid salary money, but amended the warrant date.

  • Theft by public servant
  • Appeal against conviction
  • Appeal against sentence
  • Criminal-law
  • Theft-by-public-servant
  • Criminal-appeal
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Criminal law [1994] MWHCCrim 7

R v Biza (Confirmation Case 993 of 1994)

R v Biza (Confirmation Case 993 of 1994) [1994] MWHCCrim 7 (20 October 1994)

The High Court of Malawi quashed a conviction for theft by a public servant after finding the evidence did not prove beyond reasonable doubt that the accused was responsible.

  • Theft by public servant
  • Evidence
  • Burden of proof
  • Theft-by-public-servant
  • Burden-of-proof
  • Criminal-evidence
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Criminal law [1994] MWHCCrim 2

Chigona v R

Chigona v R (Criminal Appeal 7 of 1994) [1994] MWHCCrim 2 (22 July 1994)

The High Court of Malawi dismissed a police officer’s appeal against conviction for theft by public servant, holding he failed to rebut the statutory presumption.

  • Theft by public servant
  • Conviction
  • Sentencing
  • Criminal-law
  • Theft
  • Public-servant-offences
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Criminal law [1993] MWHC 22

R v Msosa (Confirmation Case 642 of 1994)

R v Msosa (Confirmation Case 642 of 1994) [1993] MWHC 22 (14 September 1993)

The High Court of Malawi quashed a conviction for theft by a public servant, finding the prosecution had not proved beyond reasonable doubt that the spare wheel was missing when the accused last had the vehicle.

  • Theft by public servant
  • Burden of proof
  • Standard of proof
  • Evidence evaluation
  • Criminal-law
  • Theft-by-public-servant
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