High Court of Northern Rhodesia - 1964 April

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4 judgments

Citation	Judgment date
April 1964
R v John Kahyata ((1963 - 1964) Z and NRLR 84) [1964] ZMHCNR 16 (25 April 1964) Court excluded the accused's statements: prosecution must prove confessions were voluntary and not induced by authority. Criminal procedure – admissibility of confessions – voluntariness – burden on prosecution to prove absence of inducement by person in authority – inducement broadly defined (threats, promises, prolonged questioning) – prior inducement may taint subsequent statements – fresh caution required.	25 April 1964
Shadreck Mwinga v The Queen ((1963 - 1964) Z and NRLR 81) [1964] ZMHCNR 22 (13 April 1964) A cheating offence under section 280 does not require the fraudulent device to be aimed at the public at large. Criminal law – Cheating (s.280 Penal Code) – fraudulent trick or device need not be calculated to affect the public at large – precedent in Mukese v Reginam held per incuriam and not binding – assessment of documentary evidence and witness credibility.	13 April 1964
Farmers Co-operative (N.R) LTD v Joan Margaret Drake ((1963 - 1964) Z and NRLR 74) [1964] ZMHCNR 6 (10 April 1964) Whether orders under a writ of elegit bind a private sale and whether defective orders are void or voidable. Writ of elegit – sale by judgment creditor – requirement for judicial directions and approval of contract – distinction between void and voidable orders for lack of service – supplemental orders must be made in original proceedings – payment of purchase money into court.	10 April 1964
R v Robert Ewart Munro ((1963 - 1964) Z and NRLR 72) [1964] ZMHCNR 18 (9 April 1964) High Court quashes inadequate magistrate sentence for drunken driving and substitutes immediate custodial sentence and longer licence suspension. Road traffic — Drunk driving — Adequacy of sentence — Reoffending after prior drunken-driving conviction — Suspension of licence and effect on suspended sentence — Review under s.8 Criminal Procedure Code.	9 April 1964