Subordinate Court of Zambia - 2017 April

4 judgments
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Results. 4 judgments found.

4 judgments
April 2017
Accused convicted of theft where guard and police evidence proved the elements beyond reasonable doubt.
  • Theft — elements of theft (ownership, thing capable of being stolen, fraudulent conversion, intent to permanently deprive, no claim of right) — Evidence — eyewitness security guard and police corroboration — hearsay disregarded — burden of proof beyond reasonable doubt.
28 April 2017
Subordinate court severed misdemeanour counts, ordered inquiries and reading-material access, and refused to quash treason charge lacking pleaded overt acts.
  • Criminal procedure — joinder and severance of counts; treason — requirement to plead overt acts; bad charge versus defective charge; limits on Subordinate Court’s power to quash indictments triable only by the High Court; mandatory Preliminary Inquiry (s.223); detainee rights — prohibition of torture and entitlement to reasonable reading material.
26 April 2017
Circumstantial evidence plus an admission and recovery of stolen property established the accused's guilt for breaking and entering.
  • Criminal law — Breaking and entering (s.303(a) Penal Code) — Elements of offence — Circumstantial evidence and admissions — Recovery of stolen property — Proof beyond reasonable doubt.
24 April 2017
Accused convicted of assault occasioning actual bodily harm based on single-witness testimony and medical corroboration.
  • Criminal law — Assault Occasioning Actual Bodily Harm — elements: assault, occasioning bodily harm, identity — Single-witness evidence admissible if clear and satisfactory — Medical report corroboration — Alleged civil motive does not negate criminal liability.
3 April 2017