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Court of Appeal of Zambia - 1965 October

2 judgments
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2 judgments
October 1965
Sitali and Ors v People (CAZ 8 137 of 1965) [1965] ZMCA 14 (22 October 1965)
The appellants’ sentences quashed where magistrate and High Court sentenced them for an offence they had not been convicted of.
  • Court of Appeal jurisdiction — appeal against conviction — sentencing — conviction and sentence for wrong offence — s.14(3) Court of Appeal Ordinance — s.197A(1) Criminal Procedure Code — sentences quashed and matter remitted to subordinate court.
22 October 1965
Van Zyl v People (CAZ 8 140 of 1965) [1965] ZMCA 18 (22 October 1965)
A judge may change sentence on new material, but welfare reports must be evidence and counsel heard.
  • Criminal procedure — sentencing — judge may revise provisional decision on receipt of new material; welfare officer's report material to sentence must be introduced as evidence and be open to cross‑examination; where circumstances change after the accused's case, counsel must be given an opportunity to address the court; courts concerned with prison conditions only insofar as they affect suitability for particular treatment.
22 October 1965