Results.
79 judgments found.
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| April 1991 |
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Appellate court allowed appeal against aggravated robbery, substituted conviction for receiving stolen property and imposed seven years' imprisonment.
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Criminal law — sufficiency of evidence — identification and recent possession — receiving stolen property as alternative to robbery — benefit of the doubt where prosecution fails to eliminate innocent explanation.
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18 April 1991 |
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Appellate court upheld dangerous driving conviction where magistrate credibly found appellant drove a tractor without lights at night.
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Criminal law — Dangerous driving — Driving an unlit vehicle at night — Credibility findings by trial court — Scope of appellate review — Subsequent use of vehicle does not necessarily rebut evidence of condition at time of accident.
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16 April 1991 |
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Uncertain identification upheld by appellant's confession and possession of stolen property, sustaining conviction for aggravated robbery.
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Criminal law — Identification — Probative value of uncertain witness identification corroborated by confession and possession of recently stolen property — Admissibility and weight of discovery evidence.
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16 April 1991 |
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Murder conviction reduced to manslaughter due to doubt about intent despite sufficient medical evidence of causation.
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Criminal law — murder v. manslaughter — mens rea (intention to kill or cause grievous bodily harm) — causation and medical treatment under s207(a) Penal Code — appellate substitution of conviction and sentence.
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3 April 1991 |
| March 1991 |
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Conviction for aggravated robbery affirmed; sentence reduced to the mandatory minimum of 15 years imprisonment.
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Criminal law — aggravated robbery — sufficiency of evidence and identification; sentence — minimum/mandatory sentence; appellate review of sentence.
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15 March 1991 |
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Conviction for causing death by dangerous driving upheld; sentence reduced for excess despite child's contributory negligence.
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Criminal law — Causing death by dangerous driving — Objective test of fault — Foreseeability of pedestrians' conduct (children) — Contributory negligence relevant to sentence but not automatic exculpation — Sentence reviewed for excessiveness.
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12 March 1991 |
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Uncorroborated evidence and an improper inference from silence warranted quashing convictions and acquittal of the appellants.
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Criminal law — Aggravated robbery; corroboration of accomplice/purchaser evidence; reliability of witness; failure to call police/vigilantes; inadmissible adverse inference from accused's silence.
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6 March 1991 |
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Knowledge of stolen property’s whereabouts alone cannot sustain a conviction for aggravated robbery.
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Criminal law — Aggravated robbery — Knowledge of location of stolen property and directing police thereto — Mere knowledge/association insufficient to prove guilt beyond reasonable doubt.
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5 March 1991 |
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The applicant's on-scene apology was accepted as an admission supporting conviction for aggravated robbery.
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Criminal law — Aggravated robbery — Elements: assault with weapon and theft — Evidence — Admission/apology to complainant as evidence — Credibility findings of trial judge — Appellate review of credibility and misdirection.
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5 March 1991 |
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Challenges to identity and common intention rejected; conviction and mandatory 15-year sentence upheld.
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Criminal law — Aggravated robbery — Identification evidence and credibility — Common intention — Appeal against conviction and mandatory minimum sentence.
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5 March 1991 |
| February 1991 |
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Whether eyewitness and recovery evidence sufficiently corroborated to safely uphold convictions for aggravated robbery.
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Criminal law — Aggravated robbery — Eyewitness identification and corroboration — Evidence of purchasers and police recovering goods — Admissibility and weight of partially exhibited physical evidence — Appeal against conviction.
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20 February 1991 |
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The appellant's acts caused death; intervening medical treatment did not break the causal chain.
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Murder — Causation — Section 207 Penal Code — Chain of causation — Effect of intervening medical treatment on criminal liability
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19 February 1991 |
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Application for leave to appeal refused where accounting records and credibility findings supported convictions.
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Criminal law — theft by public servant and fraudulent accounting — sufficiency of evidence for monetary totals — trial magistrate's credibility findings — appellate interference with factual findings; leave to appeal refused.
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19 February 1991 |
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Death from complications clearly traceable to an assailant's conduct satisfies causation for murder despite later medical treatment.
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Criminal law — Murder — causation where death occurs later from complications of injuries — intervening medical treatment — R v Jordan and Raymond Mweetwa Banda distinguished — original wound as an operating and substantial cause of death
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19 February 1991 |
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The court increased damages for the applicant’s false imprisonment and malicious prosecution to K2,000 plus interest and costs.
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Criminal procedure and civil remedies — false imprisonment; malicious prosecution — assessment of damages — appellate review of trial judge's credibility and quantum findings — misuse of police arrest powers.
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18 February 1991 |
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Whether a novation created direct privity between the applicant and the respondent and whether supplied goods were properly rejected.
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Contract law — Novation and privity — Agent’s ostensible authority to bind principal; waiver of time condition by conduct; rejection of goods — burden of proof and requirement to show nonconformity materially affected bulk; sub-contracting; costs following striking out.
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18 February 1991 |
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Supreme Court lacks jurisdiction to hear interlocutory appeals during pending criminal trials; challenges must await final appeal.
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Criminal procedure — interlocutory appeals — Section 12 Supreme Court of Zambia Act — statutory construction against absurd results — Section 20 reservation — Article 20 fair hearing — s277 Criminal Procedure Code — procedural versus substantive jurisdiction
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18 February 1991 |
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Constructive trust imposed: appellant entitled to equal beneficial interest despite legal title in respondent's name.
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Equity — constructive trust — partnership contributions and rescue of property — beneficial interest in land despite legal title — orders for sale or buyout; accounts.
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18 February 1991 |
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Bank not liable for loss caused by fraudulent withdrawals where customer’s authorised agent misled the bank; loss falls on customer.
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Banker and customer — reliance on an authorised agent’s authority — fraud by customer’s employee — loss caused by agent’s ostensible/actual authority — banker not negligent to credit cheque in long-standing relationship
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17 February 1991 |
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Innkeeper strictly liable for theft of guest's car; car-park notice did not exempt hotel; replacement damages awarded.
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Innkeeper liability — strict liability to guests for loss of property — car park within hospitium — notice in car park does not relieve liability on these facts — Occupiers Liability Act not applicable — Hotels Act then in force did not permit exclusion — damages assessed at replacement value.
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14 February 1991 |
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Reinstatement is available in the High Court but discretionary; damages are limited to contractual or customary notice and terminal benefits.
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Employment law — Wrongful dismissal — Reinstatement available in High Court but discretionary; measure of damages by contract or customary notice; rejected early-retirement offer not a concluded agreement; terminal benefits include pension contributions refund.
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14 February 1991 |
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Identification shortcomings were cured by recovered stolen property and airgun, so convictions for robbery were upheld.
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Criminal law — Robbery with violence — Identification evidence — Corroboration by recovery of stolen property — Admissibility of statements after inadequate warn and caution — Appeal against conviction dismissed.
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6 February 1991 |
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Identification defects were cured by recovered property and third-party confirmation; appeals against conviction dismissed; juvenile sentencing adjourned.
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Criminal law — aggravated robbery; identification evidence and identification parades; inadmissibility of statements after inadequate warn and caution; recovered stolen property and third-party confirmation as corroboration; juvenile sentencing — welfare report required; mandatory sentence non-appealable.
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6 February 1991 |
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First appellant’s conviction quashed for insufficient evidence; second appellant’s conviction reduced to aggravated robbery and sentenced to 15 years.
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Criminal law — amendment of charge during trial — necessity of fresh plea and opportunity to recall witnesses; Evidence — admissibility and sufficiency of post‑arrest admissions; Identification evidence — reliability where witnesses knew accused; Sentencing — substitution of conviction and sentence where material amendment ineffective.
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5 February 1991 |
| January 1991 |
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A default judgment entered without hearing a defendant’s vital witness should be set aside for rehearing.
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Civil procedure — Default judgment — Order 35 Rule 3 and Rule 5 — Setting aside judgment for good cause where defence prevented from being heard — Adjournment and counsel absence — Pleaded defence of forgery.
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31 January 1991 |
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Appellant’s murder conviction reduced to manslaughter; provocation and self-defence not established.
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29 January 1991 |
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A court may not thwart the DPP’s constitutional power to enter a nolle prosequi; the resulting acquittal was quashed and nolle recorded.
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Criminal law — Nolle prosequi — Constitutional power of DPP to discontinue prosecutions — Limits on judicial interference; Criminal procedure — Adjournment discretion — Proper exercise and inquiry; Effect of judicial refusal to accept nolle — Acquittal nullity.
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22 January 1991 |
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Appellant's appeals against manslaughter conviction and four-year sentence dismissed; eyewitness credibility and causation upheld.
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Criminal law — Manslaughter — Assault causing death by septic infection — Credibility and bias of prosecution witness — Accused's right to silence — Sentence proportionality for violent conduct.
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9 January 1991 |
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Trial judge erred in acquitting without evidence where doubts arose from plea facts; acquittal quashed and retrial directed.
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Criminal procedure — plea of guilty — where plea facts generate doubt record plea of not guilty and proceed to trial; cause of death — medical evidence not exclusive; improper acquittal; retrial ordered.
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8 January 1991 |