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Court of Appeal of Zambia - 1970 January

2 judgments
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2 judgments
January 1970
Harrison Zimba v The People (Appeal No. 74 of 1969) [1970] ZMCA 11 (14 January 1970)
Omission of the essential intent element from charge particulars renders conviction invalid and unrescuable on appeal.
  • Criminal law — Charge particulars — Omission of essential ingredient (intent to commit felony) — Charge discloses no offence — Defect material and incurable on appeal (Penal Code ss. 271, 352).
14 January 1970
The Director Of Public Prosecutions v Joubert Henry Sithole (Appeal No. 67 of 1969) [1970] ZMCA 17 (14 January 1970)
An appellate court must follow prescribed procedure before admitting fresh evidence; late objections are barred where the State did not promptly object.
  • Criminal procedure — Appeals — Admission of fresh evidence on appeal — Proper procedure under s.305(1) Criminal Procedure Code — Affidavit and service on Attorney‑General with one‑week period for observations — appellate court must record reasons and take or direct evidence — failure to object promptly bars late complaint.
14 January 1970