Results.
7 judgments found.
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| October 1994 |
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The appellant failed to prove Zambian citizenship; the deportation order was valid and properly signed by the Deputy Minister.
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Immigration and deportation — citizenship by birth or descent — burden of proof and credibility — validity of deportation warrant signed by Deputy Minister (Interpretation Act) — statelessness and established resident status — section 3 appendix 3 vol. X (Northern Rhodesia) inapplicable where birth/parentage not proved
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24 October 1994 |
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An appellant may not raise a recusal/bias complaint on appeal that was not raised in the lower court; executive relief under s24 is preferable.
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Immigration and deportation — extensions of stay — recusal and bias — raising new grounds of complaint for first time on appeal — executive remedy under s24 Immigration and Deportation Act
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19 October 1994 |
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Payment given as appreciation, not proved to be corrupt gratification; conviction under Corrupt Practices Act quashed.
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Corrupt Practice Act s25(1) — element of corrupt intent — mere payment not an offence per se — must be shown to be an inducement or reward; accomplice testimony and marked notes insufficient without proof of corrupt motive.
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18 October 1994 |
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Appeal allowed — trial misdirection about an alleged confession and evidential deficiencies rendered the conviction and death sentence unsafe.
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Criminal law — admissibility of confession — adequacy of trial judge's direction on alleged confession and inducement; Identification and possession evidence — recovery of stolen motor vehicle shortly after robbery as circumstantial link; Safety of conviction and death sentence.
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18 October 1994 |
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Conviction upheld on circumstantial evidence and recent possession despite contested confession and no fingerprint evidence.
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Criminal law — murder and aggravated robbery — admissibility of confession after delay and alleged inducement — trial within trial — fingerprint evidence and duty to lift prints — circumstantial evidence and doctrine of recent possession — appeal against conviction.
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18 October 1994 |
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Six‑month military sentences found excessive and suspended for 24 months given mitigating circumstances.
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Defence Act offences — disgraceful conduct, disobedience, drunkenness, insubordination — sentencing appeal — mitigation (first offenders, compensation) — custodial sentence excessive and suspended.
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18 October 1994 |
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Appellate court quashed acquittal based on inadmissible cautioned statements and entered conviction with 15-year sentence.
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Criminal law — aggravated robbery — admissibility of warned and cautioned statements — improper reliance on excluded or unled statements — appellate courts may quash acquittal and substitute conviction where evidence is overwhelming.
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4 October 1994 |