High Court of Zambia - 1968 December

2 judgments
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Results. 2 judgments found.

2 judgments
December 1968
Accused's silence plus evidence he fired a lethal shot supported an inference of guilt and a murder conviction.
  • Evidence — Silence of accused — Adverse inference of guilt; Criminal law — Shooting with lethal weapon — Presumption of intent to kill or cause grievous bodily harm; Burden of proof — State must prove murder beyond reasonable doubt.
21 December 1968
An incorrect Penal Code citation in the charge (s.248) can be cured by amendment and the appellate court may substitute the correct section (s.243).
  • Criminal procedure — Statement of offence citing wrong Penal Code section — Whether s.248 (enhanced sentence provision) discloses an offence — Curability by amendment — Appellate power to amend charge to cite s.243.
6 December 1968