Skip to document content Skip to main menu Skip to search

Court of Appeal of Zambia - 1971 December

3 judgments
Advanced search
Skip past years
Skip past months
Filters
Skip to results
3 judgments
December 1971
Francis Chanda v The People (Application No. 96 of 1971) [1971] ZMCA 3 (14 December 1971)
An extension to appeal requires a reasonable explanation for delay; absent that, the appeal must probably succeed to be granted.
  • 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.
14 December 1971
Solomon Chilimba v The People (Appeal No. 86 of 1971) [1971] ZMCA 10 (14 December 1971)
Uncorroborated confession may suffice if deemed reliable; first offenders merit statutory minimum absent extraordinary aggravation.
  • 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).
14 December 1971
Wilfred Kashiba v The People (Application No. 78 of 1971) [1971] ZMCA 11 (14 December 1971)
Trial courts must ensure alleged confessions are proven voluntary and record challenges; where other evidence is overwhelming, conviction may stand.
  • 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.
14 December 1971