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High Court of Zambia - 2010 June

3 judgments
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3 judgments
June 2010
People v Anayawa and Another (HT 23 of 2010) [2010] ZMHC 8 (24 June 2010)
Admissible confession, cautious treatment of juvenile testimony, and circumstantial evidence supported murder convictions.
  • Criminal law — Confession: admissibility and weight; Juvenile witness: sworn evidence, warning and suspect nature; Circumstantial evidence: competent basis for conviction; Limits on using one accused's confession to implicate another
24 June 2010
People v Nyambe (HT 17 of 2010) [2010] ZMHC 7 (24 June 2010)
Confession of adultery may be grave provocation, but disproportionate lethal retaliation defeats the manslaughter defence.
  • Criminal law — Murder — Provocation; elements: wrongful act, sudden loss of self‑control, proportional retaliation; objective test; burden on prosecution to negative provocation; adultery/confession as potential grave provocation
24 June 2010
People v Maiba and Another (HT 15 of 2010) [2010] ZMHC 10 (23 June 2010)
Weak night-time identification safely reinforced by recent possession and corroborative recovery of stolen property.
  • Evidence — identification by single complainant at night — need for caution and corroboration; Recent possession — recovery of stolen property as connecting link; Admissibility of photographs under s.193 Criminal Procedure Code — weight for court to determine
23 June 2010