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Subordinate Court of Zambia - 2023 July

4 judgments
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4 judgments
July 2023
People v Jonathan Sikazwe (3D/14/23) [2023] ZMSUB 12 (31 July 2023)
Circumstantial evidence and a voluntary confession led to conviction for stock theft of a goat.
  • Criminal law — Stock theft (s.275) — Ingredients of offence; Circumstantial evidence — cogency and exclusion of innocent hypothesis; Confession — voluntariness and admissibility; Leading accused to scene — self-incrimination; Evidential burden on accused to raise defence.
31 July 2023
People v Weston Sikatunga and Anor (3D/25/2023) [2023] ZMSUB 7 (17 July 2023)
Accused convicted of assault occasioning actual bodily harm; inadequate alibi and weak defence evidence failed to raise reasonable doubt.
  • Criminal law — Assault occasioning actual bodily harm — Burden of proof; alibi evidential burden and police investigation; weight of unsworn testimony; caution as to relatives' evidence; corroboration by odd coincidences and medical report.
17 July 2023
People v Jonathan Sikazwe (3D/14/23) [2023] ZMSUB 4 (11 July 2023)
The court held a mandatory trial-within-a-trial and admitted the accused's confession as voluntary evidence.
  • Criminal procedure — trial-within-a-trial — voluntariness of confession — burden on prosecution to negate inducement beyond reasonable doubt — Judges' Rules — admissibility of confession.
11 July 2023
People v When Sikazwe (3D/34/2023) [2023] ZMSUB 6 (11 July 2023)
Intoxication did not negate intent; prosecution proved unlawful entry and guilty mind for criminal trespass beyond reasonable doubt.
  • Criminal trespass — elements: unlawful entry without permission and requisite intent — intoxication as defence (s.13(4)) requires incapacity to form intent — burden on prosecution to prove guilt beyond reasonable doubt — attempted flight and habitué status as indicia of guilty mind.
11 July 2023