Supreme Court of Zambia - 1982 February

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2 judgments

Citation	Judgment date
February 1982
Kwiimbe v People (S.C.Z. Judgment 5 of 1982) [1982] ZMSC 2 (15 February 1982) Accused must prove insanity on balance of probabilities and support automatism claims with medical evidence. Criminal law – Defence – Automatism/insanity – Burden on accused to prove insanity on balance of probabilities – Medical or scientific evidence required to displace presumption of mental capacity – Uncorroborated ‘blackout’ evidence insufficient.	15 February 1982
People v Sikatana (S.C.Z. Judgment 14 of 1982) [1982] ZMSC 1 (8 February 1982) Supreme Court has no jurisdiction to hear High Court references under s.20(1) in absence of enabling legislation. Civil procedure – Courts – Jurisdiction – Reference by High Court to Supreme Court – s.20(1) Supreme Court Act – Article 29(3) Constitution – absence of enabling legislation – repealed ss.196–197 Criminal Procedure Code.	8 February 1982