IN THE HIGH COURT OF MALAWI ZOMBA DISTRICT REGISTRY

2.20 At this point, she therefore argued the issue of whether the facts of the case disclosed ‘knowledge’ on the part of her that her conduct was ‘likely’ to spread HIV? A reminder to the court that knowledge of the likelihood that one’s conduct to spread a “disease dangerous to life” is a vital component of the offence. [...] She concluded with the following prayers that this Court should quash the lower court’s conviction of the Appellant herein because - 2.30.1 the facts before the Court did not prove the elements of the offence and therefore the lower court erred in entering a plea of guilty against her, therefore the court should acquit her; 2.30.2 the proceedings in the lower court were a nullity; 2.30.3 the Court. [...] 155 which upheld the principle that the particulars of the offence are meant to bring sufficiently to the notice of the accused the precise nature of the charge against him so that he or she is in able to prepare his defence. [...] The prosecutor, in the supporting facts, establishes both the ingredients and the elements of the offence and the particulars in the count. [...] The trial court must alter the guilty plea to one of not guilty where the doubt in the particulars can only be resolved by trial of the issue.” 4.10 Upon examining the court record herein, it is obvious that the plea taken in regard to the Appellant herein was unequivocal.