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Criminal Registry-Ndola - 2017

3 judgments
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3 judgments
Citation
Judgment date
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