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Citation
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Judgment date
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| October 1968 |
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An application for Kuta leave to appeal must be made within 30 days; Kuta delay in granting leave does not defeat the appeal.
Local Courts Act s.56A(3) — construction of time limits for appeals from Barotse local courts in land matters; s.57(1)(a) inapplicable to grant of extensions; no inherent judicial power to extend time; application for leave must be made within 30 days.
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28 October 1968 |
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An assessor may only advise on customary law in open court; the magistrate alone must make findings, otherwise a re‑hearing is required.
Civil procedure – Local Courts Act s.60 – Assessor’s advice must be given in open court – Assessor limited to advising on customary law – Magistrate alone to make findings of fact and law – Irregular participation by assessor vitiates judgment and requires re‑hearing.
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16 October 1968 |
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Provocation reducing murder to manslaughter requires an objective loss of self-control and a reasonably related response.
Criminal law – Murder (Penal Code ss. 177, 180) – Malice aforethought defined; Self-defence limited to necessary force; Provocation (ss. 182–183) – objective test, heat of passion, reasonable relationship to provocation; burden on prosecution to negative provocation.
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15 October 1968 |
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A longer criminal record may justify denial of leniency but not a harsher sentence that amounts to double punishment.
Criminal procedure - Sentencing - Prior convictions: may justify denial of leniency but not harsher punishment tantamount to double punishment; disparity between co-accused sentences.
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4 October 1968 |
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Where identity is decisive and an identification parade was undisclosed, resulting risk of contamination makes conviction unsafe.
Criminal law – Evidence – Identification parades – Non-disclosure of parade and outcome – Risk of contamination where witnesses saw accused prior to parade – Convictions unsafe.
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4 October 1968 |
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Search and seizure under exchange control upheld where statutory regulation, objective suspicion and procedural safeguards are satisfied.
Constitutional law — Chapter III derogations — "law" includes statutory instruments; State bears onus and objective test for "necessary/expedient" and "reasonably required"; "authorised officer" must be specifically appointed; "reasonable suspicion" is objective, directed at a particular postal article and must be communicated to Postmaster-General; exchange control justified as securing development/utilisation of property but not as public safety; sealed postal packets containing mere symbols not "correspondence"; searches without proper safeguards expose officer to personal liability.
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4 October 1968 |