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Court of Appeal of Zambia - 1970 February

3 judgments
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3 judgments
February 1970
Osward Sinkala v The People (Appeal No. 79 of 1969) [1970] ZMCA 15 (25 February 1970)
Conviction under s.287 improper where goods were known stolen; substitution for theft or receiving was not permissible.
  • Criminal law — Possession of goods suspected to be stolen (s.287 Penal Code) — Inapplicable where goods are known to be stolen — Substitution of offences precluded by prior acquittal and lack of evidence for receiving.
25 February 1970
Alex Mwewa v The People (Appeal No. 80 of 1969) [1970] ZMCA 7 (20 February 1970)
When facts disclose aggravated robbery, police must charge accordingly and magistrates must commit; sentence raised to three years.
  • Criminal law — Aggravated robbery — Police improper to lay lesser charge to secure subordinate court jurisdiction — Magistrate should convert to committal proceedings when facts disclose aggravated offence — Sentence substituted to statutory maximum for magistrate’s jurisdiction.
20 February 1970
Mwewa v People (Appeal 80 of 1969) [1970] ZMCA 1 (20 February 1970)
Magistrates must convert plainly aggravated robbery cases to committal proceedings; police must not charge lesser offences to secure jurisdiction.
  • Criminal procedure — aggravated robbery clearly disclosed by facts — magistrate must convert to committal proceedings; police must not prefer lesser charges to obtain jurisdiction; sentence substituted for inadequacy.
20 February 1970