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High Court of Zambia - 2019 July

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1 judgment
July 2019
The People v Mwika Kang'ongo (HNS/40/2017) [2019] ZMHC 33 (19 July 2019)
An arson conviction was quashed where the charge omitted essential elements and the guilty plea was equivocal.
  • Criminal procedure — Plea-taking — Charge must allege essential ingredients — 'Wilfully and unlawfully' required in arson charge — Equivocal plea not cured by admission of facts — Magistrate's duty to ensure accused admits each ingredient — Defective charge renders conviction unsafe; retrial not ordered.
19 July 2019