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Court of Appeal of Zambia - 1965 April

2 judgments
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2 judgments
April 1965
Jutronich, Schutte and Lukin v The People (ZR 9 (CA)) [1965] ZMCA 19 (15 April 1965)
Appellate sentencing test: intervene only if wrong in principle, manifestly excessive, or exceptional circumstances exist.
  • Criminal law — sentencing review — appellate three-question test; family hardship not a mitigating factor; disparity relevant only for comparable offences; executive mercy and routine prison-administration changes are not proper grounds for reducing sentence.
15 April 1965
Waite v People (CAZ 8 6 of 1965) [1965] ZMCA 17 (13 April 1965)
Licence suspension requires both failure to stop and to render assistance; suspension was ultra vires when only assistance omitted.
  • Road traffic — section 219(1) creates two offences (failure to stop; failure to render assistance) — Second Schedule uses 'and' so suspension applies only where both failures occur — penal statute strictly construed — licence suspension ultra vires where conviction was for assistance only.
13 April 1965