Supreme Court of Zambia - 1981 July

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3 judgments

Citation	Judgment date
July 1981
Banda v People (S.C.Z. Judgment 12 of 1981) [1981] ZMSC 10 (27 July 1981) Forfeiture orders set aside; s.145 NPW Act permits forfeiture only on trial prosecutor's request, not on appeal. Forfeiture — Firearms and ammunition — Firearms Act s.54 (magistrate's discretion) — National Parks and Wildlife Act s.145 (forfeiture only on Public Prosecutor's request) — Forfeiture cannot be imposed on appeal — Return of property ordered.	27 July 1981
Shawa & Another v People (S.C.Z. Judgment 13 of 1981) [1981] ZMSC 11 (27 July 1981) Where evidence supports a more serious offence, the accused must be tried for it; manslaughter here should have been murder. Criminal procedure – Charging – Where evidence supports a more serious offence accused must be tried for that offence; manslaughter charges may be inappropriate where facts warrant murder.	27 July 1981
Zonde & Others v People (S.C.Z. Judgment 20 of 1981) [1981] ZMSC 9 (22 July 1981) Recent possession supports conviction; courts must warn when a possessor of stolen property may be an accomplice. Criminal law – recent possession doctrine; possession of stolen property prima facie indicates accomplice status; caution required when relying on possessor's evidence; voluntariness of statements; application of proviso to sustain convictions.	22 July 1981