Supreme Court of Zambia - 2011 October

4 judgments

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4 judgments
Citation
Judgment date
October 2011
Bail pending appeal requires exceptional circumstances; delay may qualify but suspension of sentence is a separate post-refusal remedy.
Criminal procedure – Bail pending appeal – Section 332(1) CPC – Stoddart exceptional-circumstances test upheld – delay as potential exceptional circumstance – appellate court not to decide main appeal merits – suspension of execution of sentence a separate remedy after refusal of bail.
21 October 2011
Appellant liable for mesne profits for wrongful occupation; counterclaim wrongly dismissed and remitted for retrial.
Mesne profits – wrongful occupation of government pool house; licence expired on cessation of office; stay of execution does not create legal right to occupy; res judicata on entitlement to purchase; counterclaim arising from same facts must be determined to avoid multiplicity of proceedings (High Court Act s13); remittal for retrial.
20 October 2011
Delay causing an appellant to serve substantial sentence may be exceptional, but bail pending appeal requires exceptional circumstances under s332(1).
Criminal law — Bail pending appeal — Applications under s332(1) not s123 — Bail discretionary; requires exceptional circumstances — Delay causing substantial service of sentence may be exceptional — Court should form prima facie view of appeal prospects, not decide merits — Refusal of bail precedes request to suspend execution under s332(1).
20 October 2011
Court affirmed murder conviction where assault caused death within a year and no extenuating circumstances were shown.
Criminal law – Murder – Causation without post-mortem evidence; novus actus interveniens; year-and-a-day rule (s.209(1)); extenuating circumstances, provocation and defence of property; mandatory death sentence.
3 October 2011