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High Court of Zambia - 1981 July

3 judgments

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3 judgments


July 1981
People v Kalanda (HNR 337 of 1981) [1981] ZMHC 7 (21 July 1981) Prosecution must be allowed to prove alleged prior conviction before sentencing when the accused denies it. Criminal law — Sentencing — Alleged prior conviction — Accused's denial — Prosecution must be afforded opportunity to prove prior conviction beyond reasonable doubt — Duty to hear evidence before treating offender as first-time	21 July 1981
People v Simolu (HNR 332 of 1981) [1981] ZMHC 3 (20 July 1981) Court reduced an excessive sentence, holding sentencing must be proportionate and not punish the exercise of trial rights. Sentence — Proportionality of punishment — Deterrence vs. gravity of offence — Sentencing must not penalise exercise of right to trial — Review and substitution of excessive sentence under s.338(1)(a)(ii) Criminal Procedure Code	20 July 1981
People v Zulu (HP 25 of 1980) [1981] ZMHC 6 (13 July 1981) Failure to slow and be prepared to stop at a zebra crossing, and not anticipating child folly, constitutes dangerous driving. Road traffic — Dangerous driving — Disobedience of road traffic signs; Interpretation of Rules of the Road Regs, Cap.766, reg.13 — mutual obligations at uncontrolled zebra crossings; Negligence — Elevated duty of care towards children; Failure to anticipate child’s sudden movement as negligence	13 July 1981