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Court of Appeal of Zambia - 1966 November

3 judgments
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3 judgments
November 1966
Mulenga v People [1966] ZMCA 9 (16 November 1966)
Honest but excessive force in making a lawful arrest ordinarily produces manslaughter, not murder; 'maim' means permanent disabling.
  • Criminal law — definition of 'maim' — Penal Code s.5; defence of property and apprehension of felon — Penal Code s.18 and s.18A; excessive force in lawful arrest — distinction between manslaughter and murder; malice aforethought — s.180.
16 November 1966
Nkhata and Orsv Attorney General of Zambia [1966] ZMCA 11 (16 November 1966)
An appellate court will not disturb a trial judge's factual and credibility findings absent clear, specified error; appeal dismissed with costs.
  • Evidence — Factual findings by judge sitting without jury; conditions for reversal on appeal — misdirection, wrong matters taken into account, failure to benefit from demeanour, external evidence of untruthfulness; Civil procedure — appellate review of credibility assessments; Motor vehicle collision — negligence and burden of proof.
16 November 1966
Goba v The People (ZR 113 (CA)) [1966] ZMCA 14 (15 November 1966)
Failure to conduct the statutory voir dire for a child witness requires discounting that evidence and may justify substituting the conviction.
  • Juveniles Ordinance s.120 — child witnesses — voir dire requirement to assess understanding of oath, intelligence and duty to speak truth — failure to conduct voir dire mandates discounting child's evidence; conviction substituted where lesser offence inevitable.
15 November 1966