Results.
10 judgments found.
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| December 1969 |
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Recent possession allows an inference of theft but does not shift the burden of proof; misdirections were not fatal.
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Criminal law — Theft — Recent possession doctrine limited to permissible inferences of fact; does not shift prosecution’s burden of proof; misdirection by trial judge; proviso applied.
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17 December 1969 |
| May 1969 |
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Whether participants in a concerted assault are principals under s.21 when an unforeseen fatal result occurs.
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Criminal law — Principal offenders — Joint assault — Application of Penal Code s.21(a) and s.21(c) to deaths supervening from concerted assaults — Where multiple assailants act in concert each may be a principal; abettors liable where agreed acts/ints produce unforeseen fatal result.
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13 May 1969 |
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Section 29 protects bona fide tortious acts but does not shield Administrator‑General from costs arising from legal acts.
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Administration of estates — Administrator‑General’s liability — Section 29 Administrator‑General Ordinance protects bona fide tortious acts but not legal consequences of legal acts — Liability de bonis propriis for costs of unsuccessful representative litigation.
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13 May 1969 |
| March 1969 |
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The prosecution cannot rely on an accused’s words when called to plead to prove the elements of the offence.
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Criminal procedure — Pleading by accused — Statements made when called upon to plead are not part of the prosecution’s case — Prosecution must prove all ingredients of the offence by independent evidence (see R v Muchuma).
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18 March 1969 |
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Whether automatism was properly raised and whether the appellants' assault legally caused death under section 184(e).
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Criminal law — Automatism under s.10 Penal Code — burden on prosecution to negative automatism beyond reasonable doubt; where automatism derives from disease affecting the mind, insanity rules (s.13) apply and accused must prove on balance of probabilities. Defence must lay proper foundation (normally medical evidence)
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Causation — s.184(e) requires close temporal/transactional "accompaniment"; independent intervening acts may break chain of legal causation
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18 March 1969 |
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The Court of Appeal lacks statutory power under s14(3) to suspend or activate a sentence; only trial court or s300 High Court can.
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Court of Appeal jurisdiction; suspension of sentence; interpretation of s14(3) Court of Appeal for Zambia Ordinance; s14A and s300 Criminal Procedure Code; appellate powers to make incidental or consequential orders.
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18 March 1969 |
| February 1969 |
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Absence of stated reasons does not ordinarily invalidate a sentence; legal aid for appeals against sentence is rarely justified.
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Criminal procedure — Sentencing — No general duty to state reasons for sentence; absence of reasons does not imply improper consideration — Magistrate’s jurisdiction to sentence — Grant of legal aid for appeal against sentence rarely justifiable.
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18 February 1969 |
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An instrument signed by the respondent acknowledging a loan and creating the sole security is chargeable under Head 8(1).
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Stamp duty — Debenture — Whether instrument is a security or mere receipt — Signature by one party sufficient to create enforceable agreement — Interpretation and General Provisions Ordinance s.4(4) bars ejusdem generis unless qualifying word used — Head 8(1) applies to debenture that is the only or principal security.
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18 February 1969 |
| January 1969 |
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A member does not vacate their seat if an appealed >6-month sentence is quashed and reduced to six months or less.
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Constitutional law — National Assembly — automatic vacation of seat under s.65(2); no overt act required — Criminal appeal practice does not suspend vacancy; where an appealed sentence is quashed and substituted, the quashing removes the disqualifying sentence for s.65(2)(c).
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14 January 1969 |
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An assessed loss under s.13(3)(iv) does not include part‑year trading losses before a mid‑year change of ownership; Commissioner cannot split the year's assessed loss.
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Income tax — s.13(3)(iv) — change of ownership — whether "assessed loss" includes part‑year trading losses — assessed loss not ascertainable mid‑year; proviso (v) may treat current‑year loss on winding up as assessed loss; legislative intent to prevent acquisition of tax advantage by takeover.
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14 January 1969 |