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Court of Appeal of Zambia - 1964 August

2 judgments
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2 judgments
August 1964
Attorney General of Northern Rhodesia v Lyampali and Anor (CAZ 8 121 of 1963) [1964] ZMCA 2 (18 August 1964)
Possession initially excused for self-defence can become unlawful if the possessor changes occasion and uses the weapon to attack.
  • Criminal law — possession of offensive weapons — interpretation of "has with him" and "reasonable excuse" under s.72A(1) — subjective purpose and objective reasonableness — change of occasion and purpose can vitiate an initially lawful excuse — R v Jura distinguished.
18 August 1964
Lungu v Queen [1964] ZMCA 6 (18 August 1964)
Counsel properly may concede there are no arguable grounds; appeal dismissed where eyewitness ID and evidence are overwhelming.
  • Duty of counsel to client and to the court; obligation to examine record and not advance frivolous points; counsel may properly concede absence of arguable grounds; eyewitness identification in daylight; appeal dismissed.
18 August 1964