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Supreme Court of Zambia - 1988 July

2 judgments
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2 judgments
July 1988
Banda v People (Appeal 5 of 1988) [1988] ZMSC 81 (26 July 1988)
Court reduced a seven-year manslaughter sentence to 18 months, prioritising guilty plea and first-offender mitigation.
  • Criminal law — Sentencing — Manslaughter involving a mentally ill victim — Mitigation: guilty plea and first-offender status — Deterrence against assaults on mentally ill persons — Reduction of sentence.
26 July 1988
Edward Jack Shamwana v Attorney General (Appeal No. 12 of 1986; SCZ Appeal NO. 9 of 1988) [1988] ZMSC 82 (23 July 1988)
President's proscription under s53 valid; Gazette publication mandatory, local newspaper publication directory; appeal dismissed.
  • Penal Code s53(1) — proscription of publications — statutory interpretation of 'and' — mandatory Gazette publication vs directory local newspaper publication — public interest definition (s62) — Standing Orders and petition procedure — judicial review of presidential discretion: bad faith/improper motive/unreasonable view.
23 July 1988