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Court of Appeal of Zambia - 1966 February

2 judgments
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2 judgments
February 1966
Director of Public Prosecution v Lukwosha [1966] ZMCA 4 (16 February 1966)
s.13 insanity excludes diminished responsibility; incapacity to foresee probable consequences can constitute legal insanity.
  • Criminal law — Insanity (Penal Code s.13) — "Incapable of understanding what he is doing" includes inability to appreciate probable consequences; diminished responsibility not part of s.13 but may affect actual intent — Presumption that accused intends natural and probable consequences rebuttable — Malice aforethought is essentially subjective though objective inferences are admissible.
16 February 1966
Munkala v People [1966] ZMCA 10 (15 February 1966)
Preventive killing for feared future witchcraft is not self‑defence; provocation must be sudden.
  • Criminal law — Provocation — suddenness required; Self‑defence — preventive or anticipatory killing not justified; Penal Code s.18 construed with English law.
15 February 1966