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Court of Appeal of Zambia - 1970 April

2 judgments
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2 judgments
April 1970
Enock Keith Kalela v The People (Appeal No. 2 of 1970) [1970] ZMCA 10 (15 April 1970)
If missing funds cannot be attributed to specific receipts, prosecution must not bring multiple overlapping deficiency charges.
  • Criminal law — Theft by public servant — Failure to account for multiple receipts — Where missing balance cannot be attributed to particular receipts a general deficiency is the proper charge; prosecution may not allege multiple overlapping deficiencies for the same period.
15 April 1970
kalela v People (Appeal 2 of 1970) [1970] ZMCA 6 (15 April 1970)
Where multiple receipts form one accountable total and attribution is impossible, prosecution should charge a general deficiency, not overlapping counts.
  • Criminal law — theft by public servant — receipts of multiple sums forming a single accountable total — where attribution to particular receipts is impossible, charge a general deficiency; improper to charge overlapping general deficiencies for same period.
15 April 1970