Court of Appeal of Zambia - 1968

7 judgments
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7 judgments
Citation
Judgment date
December 1968
17 December 1968
17 December 1968
October 1968
22 October 1968
August 1968
13 August 1968
July 1968
23 July 1968
May 1968
Whether an accused must remove suspicion under s.287 or merely give an account leaving reasonable doubt, and whether "possession or conveying" is conjunctive.
Criminal law – unlawful possession – accused's explanatory burden under s.287 – "give an account" means sufficient to leave reasonable doubt; "possession or conveying" construed conjunctively. Section 4 Penal Code – reception of English law as guidance but subject to critical examination; re-enacted words carry prior judicial interpretation.
20 May 1968
February 1968
A brick found at night can be a housebreaking implement; once proven, the accused must prove lawful excuse for possession.
Criminal law - housebreaking implement defined by common use or particular circumstances; Evidence - prosecution proves possession at night and implement, thereafter accused must prove lawful excuse under s.275(c).
13 February 1968