Court of Appeal of Zambia - 1971 December

3 judgments
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3 judgments
Citation
Judgment date
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
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
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