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Court of Appeal of Zambia - 2017 February

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1 judgment
February 2017
Martin Nc'ube v People (APPEAL: 22/2016) [2017] ZMCA 482 (16 February 2017)
Failure to explain the statutory proviso and unresolved doubts about the victim's age rendered the defilement conviction unsafe.
  • Criminal law — Defilement — Section 138(1) proviso — Duty to explain statutory defence; Age of prosecutrix as essential ingredient — altered birth record raises reasonable doubt; Failure to explain proviso can be fatal; conviction quashed; retrial refused.
16 February 2017