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Supreme Court of Zambia - 1982 February

2 judgments
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2 judgments
February 1982
Kwiimbe v People (S.C.Z. Judgment 5 of 1982) [1982] ZMSC 2 (15 February 1982)
Accused must prove insanity on the balance of probabilities with medical evidence; bare blackout assertions are insufficient.
  • Criminal law — Defence of insanity/automatism — Burden on accused to prove insanity on balance of probabilities — Medical/scientific evidence ordinarily required to displace presumption of mental capacity — Accused’s bare claim of ‘blackout’ insufficient
15 February 1982
People v Sikatana (S.C.Z. Judgment 14 of 1982) [1982] ZMSC 1 (8 February 1982)
Supreme Court lacks jurisdiction to hear a High Court reference under s.20(1) absent enabling legislation; appeal falls away.
  • Civil procedure — Jurisdiction — Reference by High Court to Supreme Court — s.20(1) Supreme Court Act — Article 29(3) Constitution — Pardon plea under Criminal Procedure Code
8 February 1982