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Court of Appeal of Zambia - 1970 October

2 judgments
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2 judgments
October 1970
Mwanza v People (Appeal 70 of 1970) [1970] ZMCA 3 (18 October 1970)
Procedural failures—unclear consolidation, uncommunicated TICs, and failure to inform of appeal rights—rendered the convictions unsafe; retrial ordered.
  • Criminal procedure — consolidation of charges must be recorded — offences taken into account (TICs) must be fully explained to accused — duty to inform accused of right to appeal (s.197A(3)) — procedural irregularities rendering convictions unsafe.
18 October 1970
Chanda v People (Appeal 70 of 1970) [1970] ZMCA 2 (14 October 1970)
Failure to record a statutory finding for a juvenile renders a reformatory order a nullity and it is quashed.
  • Juvenile law — admission of guilt — mandatory recording of finding of guilty and order under s.66 Juveniles Ordinance — failure renders proceedings a nullity — reformatory order quashed; no retrial ordered due to delay and excessive sentence.
14 October 1970