Results.
11 judgments found.
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| December 1971 |
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An extension to appeal requires a reasonable explanation for delay; absent that, the appeal must probably succeed to be granted.
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Criminal procedure — Extension of time to appeal — Zambian practice requires a reasonable explanation for delay; if none, court considers merits and grants extension only if appeal would probably succeed — Manslaughter; plea of guilty; sentence not excessive.
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14 December 1971 |
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Uncorroborated confession may suffice if deemed reliable; first offenders merit statutory minimum absent extraordinary aggravation.
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Evidence — Uncorroborated confession — Trial judge’s assessment of reliability — Appellate deference; Sentencing — Stock theft — Mandatory minimum sentence for first offenders; Factors justifying exceeding minimum (large number of animals, organised rustling).
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14 December 1971 |
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Trial courts must ensure alleged confessions are proven voluntary and record challenges; where other evidence is overwhelming, conviction may stand.
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Criminal procedure — Admissibility of incriminating statements — Duty of trial court to ensure voluntariness before admission — Special care where accused unrepresented — Record must show challenges, proceedings and ruling — Failure is serious irregularity but appellate court may uphold conviction if remaining evidence inevitably supports it — Sentence review.
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14 December 1971 |
| October 1971 |
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Conditional acceptance creates a new agreement; extensive use of goods by the buyer extinguishes any right of rescission, limiting remedies to damages.
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Sale of goods — Conditional acceptance and waiver — Distinction between right to reject and right to rescind — Conditional acceptance creates additional agreement limiting remedies — Buyer’s use of goods may extinguish right of rescission — Proof required for damages for loss of use or costs of care.
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19 October 1971 |
| September 1971 |
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The applicant's guilty plea and contrition merited sentencing credit; appellate court reduced an excessive sentence.
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Criminal law — Sentence — Credit for guilty plea and contrition — Sentencing discretion — Appellate interference where sentence excessive.
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21 September 1971 |
| June 1971 |
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A trial judge may convict on uncorroborated accomplice evidence if convinced of its weight; a matching shoe‑print corroborated one appellant.
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Criminal law — accomplice evidence — conviction on uncorroborated accomplice testimony permissible where trial judge, having seen and heard witnesses, is convinced of its weight and credibility; corroboration by physical evidence (shoe‑print) — probative value of post‑offence scene visit — complicity by assistance after witnessing a murder.
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15 June 1971 |
| May 1971 |
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Non‑compliance with constitutional time‑limits for grounds and Gazette notice invalidates continued detention.
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Constitutional law — detention safeguards — s.26A(1)(a) and (b) — furnishing grounds within 14 days; Gazette publication within one month — mandatory requirements; failure invalidates continued detention.
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18 May 1971 |
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Altered witness statements demand caution; investigators must preserve original statements to ensure a fair trial.
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Evidence — Witnesses altering or recanting prior statements — Trial court must approach such evidence with care; Evidence preservation — Investigating officers must not destroy or interfere with original witness statements — Effect on fairness of trial.
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18 May 1971 |
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Court may substitute conviction alleging commission with "persons unknown" when co-accused are acquitted, if no prejudice to appellant.
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Criminal law — Aggravated robbery — Co-accused acquitted or discharged — Amendment to allege "persons unknown" — Court of Appeal substitution under s.15(2) — Interaction with s.245 Criminal Procedure Code — Prejudice/injustice test.
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18 May 1971 |
| April 1971 |
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Payment into court exceeding the award makes the defendant successful for costs from the payment date.
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Costs — Payment into court exceeding judgment — Defendant treated as successful party from date of payment — Costs allocated accordingly; discretion to consider fact and amount of payment into court.
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20 April 1971 |
| March 1971 |
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A judge misdirected by saying accused should have disclosed his defence on arrest; conviction quashed and appellant acquitted.
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Evidence — Trial judge’s observations — Accused not obliged to disclose defence to arresting officer — Comment that accused should have mentioned defence on arrest constitutes misdirection; inference versus presumption; conviction unsustainable.
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16 March 1971 |