Results.
4 judgments found.
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| January 1987 |
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Court overruled prior precedent, held village headmen aren't persons in authority, and upheld the appellant's murder conviction.
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Stare decisis — power of Supreme Court to overrule its own decisions; Judges' Rules and warn and caution — applicability limited to police/persons investigating crime; village headman not a person in authority; admissibility of extra-judicial statements; prosecutorial duty to disclose or make available credible witnesses favorable to the accused; proof of causation and mens rea in poisoning cases; aiding and abetting liability.
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28 January 1987 |
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Village headmen are not 'persons in authority' for warn and caution; court may overrule prior decisions when strongly justified.
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Criminal law — Confession and Judges' Rules — Village headmen not 'persons in authority' required to administer warn and caution; Prosecutorial disclosure — duty to call or disclose credible witnesses favourable to the accused; Stare decisis — circumstances permitting Supreme Court to overrule its prior decisions; Causation and mens rea — pesticide poisoning established murder under Section 204(b)
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27 January 1987 |
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Court excluded confessions obtained without required caution, stressed need for medical evidence, and quashed convictions where identification was unsafe.
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Criminal procedure — Judges' Rules (pre‑1964/1930 applicable in Zambia) — admissibility of statements obtained in custody; voluntariness and necessity to call medical evidence; dereliction by police and presumption favouring accused; unfair identification parades; admissibility of real evidence despite unlawful obtainment; proviso application where remaining evidence is overwhelming
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27 January 1987 |
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Appellate court reduced an excessive enhanced sentence for second-offence stock theft to the statutory seven-year minimum.
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Criminal law — Stock theft — Sentencing of repeat offenders — Statutory minimum seven years’ imprisonment with hard labour for second offenders — Effect of previous convictions on sentencing — Corporal punishment generally unjustified and exceptional.
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12 January 1987 |