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Court of Appeal of Zambia - 1971 March

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1 judgment

March 1971

Joel Bwalya v The People (Appeal No. 94 of 1970) [1971] ZMCA 5 (16 March 1971)

A judge misdirected by saying accused should have disclosed his defence on arrest; conviction quashed and appellant acquitted.

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.

16 March 1971