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Supreme Court of Zambia - 1989 July

2 judgments
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2 judgments
July 1989
George Nswana v The People (14 of 1989) [1989] ZMSC 122 (27 July 1989)
Recent possession plus suspicious features can establish guilty possession, warranting conviction for retaining rather than theft.
  • Criminal law — Recent possession of stolen property — Inference of guilt only if sole reasonable inference; lies not conclusive — Distinction between receiving (guilty at receipt) and retaining (guilty knowledge acquired after receipt) — Substitution of conviction for retaining where theft not proved
27 July 1989
Robertson Imasiku and Ors v People (APPEAL NO. 8/1989) [1989] ZMSC 144 (25 July 1989)
Application to arrest judgment refused; trial judge may complete proceedings and sentence; irregular-appeal rules inapplicable.
  • Criminal procedure — arrest of judgment (s298) — duty of trial court after unsuccessful motion — section 299 empowers proceeding to sentence — irregular appeals under Supreme Court Rules inapplicable where no appeal exists.
25 July 1989