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Supreme Court of Zambia - 1995 July

3 judgments
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3 judgments
July 1995
Mushili v People (SCZ Appeal 124 of 1991) [1995] ZMSC 53 (14 July 1995)
Appeal against aggravated robbery conviction and 20-year sentence dismissed; identification and recent possession evidence upheld.
  • Criminal law — aggravated robbery — identification evidence — reliability of ocular identification and identification parade — recent possession of stolen property as corroboration; Sentence — appropriateness of 20 years imprisonment given brutal assault.
14 July 1995
Chetankumar Shantkal Parekh v People (S.C.Z. Judgment 11 of 1995) [1995] ZMSC 25 (9 July 1995)
Statutory prohibitions on bail are constitutional so long as accused are tried within a reasonable time; constitutional bail arises only after unreasonable delay.
  • Constitutional bail — Article 13(3) — unreasonable delay in trial — statutory prohibition on bail (s.43 Narcotics Act; s.123 CPC) — lawful pre-trial detention — limits on right to bail
9 July 1995
Parekh v People (S.C.Z. Judgment 11 of 1995) [1995] ZMSC 26 (9 July 1995)
Statutory prohibition of bail is constitutional unless the accused is not tried within a reasonable time, in which case constitutional bail applies.
  • Bail — Cognisable offences under Narcotic Drugs Act — s.43 and s.23(1) — Article 13(3) constitutional bail where trial unreasonably delayed — statutory prohibitions on bail permissible if trial within reasonable time — presumption of innocence does not guarantee bail
9 July 1995