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Supreme Court of Zambia - 1988 October

3 judgments
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3 judgments
October 1988
Mutula and Anor v People (Appeal 20 of 1988) [1988] ZMSC 79 (25 October 1988)
Identification alone at a night-time parade is unsafe; possession of recently stolen property can corroborate identification and sustain conviction.
  • Criminal law — aggravated robbery — admissibility of cautioned statements — adequacy of trial-within-a-trial ruling; Identification evidence — reliability of parade identification and requirement for corroboration; Possession of recently stolen property as corroboration of identification.
25 October 1988
Albert Muleya v People (Appeal No. 18/89) [1988] ZMSC 87 (17 October 1988)
Appeal allowed: murder conviction and death sentence substituted with manslaughter and three years’ imprisonment.
  • Criminal law — murder v manslaughter — parental corporal punishment resulting in death — necessity of proving intent to kill or cause grievous bodily harm — substitution of verdict and sentence on appeal.
17 October 1988
Gusta & Another v People (S.C.Z. Judgment 29 of 1988) [1988] ZMSC 44 (11 October 1988)
Contempt in view of the court must be dealt with summarily the same day or referred to the DPP.
  • Criminal procedure — Contempt of court — Penal Code s.116(2): contempt committed in view of the court must be dealt with summarily the same day; otherwise report to Director of Public Prosecutions — Judge’s committal powers (Order 52) and limited circumstances to act of own motion (Balogh)
11 October 1988