Skip to document content Skip to main menu Skip to search

Criminal Registry-Ndola

4 judgments
Advanced search
Skip past Court registries
Skip past years
Filters
Skip to results
4 judgments
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
July 2017
The People v Nshimbi Mulenga and Anor (HNC/14/2017) [2017] ZMHC 538 (24 July 2017)
High Court confirmed juvenile reformatory and approved school orders but quashed magistrate-fixed detention periods as unlawful.
  • Juvenile law — reformatory order and approved school order — limits on detention periods — magistrate lacks power to fix detention duration — confirmation by High Court — best interests of the child.
24 July 2017
The People v Allan Chibuye (HNS/38/2017) [2017] ZMHC 539 (14 July 2017)
High Court lacked jurisdiction to sentence a juvenile; case remitted to Juvenile Court and mandatory adult sentence inapplicable.
  • Juvenile law; jurisdiction of High Court; Juveniles Act ss.2 and 64(1); applicability of Narcotic Drugs Act s.44 mandatory minimum sentence to juveniles; remittal to juvenile court under s.73.
14 July 2017
April 2017
The People v Angel Mulenga (HNA/33/2016) [2017] ZMHC 537 (24 April 2017)
Trial court misapplied s.206 CPC by resolving credibility at no‑case stage; prima facie case existed and retrial ordered.
  • Criminal procedure — Section 206 CPC — no‑case to answer — prima facie case test; Forgery and uttering false documents; Handwriting expert evidence — weight and admissibility; Duty to call witnesses and dereliction of prosecution.
24 April 2017