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Supreme Court of Zambia - 1981 July

3 judgments
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3 judgments
July 1981
Banda v People (S.C.Z. Judgment 12 of 1981) [1981] ZMSC 10 (27 July 1981)
Appellate court cannot order firearm forfeiture; prosecutorial request required under National Parks and Wildlife Act.
  • Forfeiture — Firearms Act s.54 (magistrate's discretion) — National Parks and Wildlife Act ss.77,138,145 (forfeiture only on Public Prosecutor's request) — appellate courts cannot make forfeiture orders — return of firearm and ammunition
27 July 1981
Shawa & Another v People (S.C.Z. Judgment 13 of 1981) [1981] ZMSC 11 (27 July 1981)
If evidence supports a more serious offence, the accused must be tried for it; appeals dismissed.
  • Criminal law and procedure — Elevation of charge where evidence warrants — Manslaughter versus murder — Accused's opportunity to dispute facts — Sentence review
27 July 1981
Zonde & Others v People (S.C.Z. Judgment 20 of 1981) [1981] ZMSC 9 (22 July 1981)
Recent possession and voluntary statements upheld convictions despite failure to warn a witness in possession; receivers' sentences reduced.
  • Criminal law — Recent possession doctrine; accomplice evidence — person in possession prima facie accomplice requiring warning and corroboration; voluntariness of confessions; statutory minimum sentence non-appealable; sentencing discretion for first offenders
22 July 1981