Get Shamwana V The People 2020-2025

Fair trial and presumption of innocence Section 69(1) of the Constitution provides that a person charged with a criminal offence has the right to a fair trial before an independent and impartial court.

In criminal cases, the burden of proof throughout trial rests on the prosecutions to establish the case against the accused beyond all reasonable doubt. If the Court has a doubt then it must acquit.

Non-bailable offences includes murder, treason, any offence carrying a mandatory capital penalty; misprision of treason or treason-felony; aggravated robbery; theft of motor vehicle, if such person has previously been convicted of theft of motor vehicle.

This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state.

1. Everyone who has been charged shall be presumed innocent until proved guilty ing to law. 2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

Under the provisions of the penal code,7 three crimes are punishable by death. These are treason, murder and aggravated robbery.

Case Summary and Outcome. The High Court of Zambia found that Section 67 of Zambia's Penal Code, prohibiting the publication of false information likely to cause public fear, violated the Constitution as it did not amount to a reasonable justification for limiting the freedom of expression.

Under stare decisis, a court is bound to follow any case decided by a court above it.

ing to the United States Constitution, Article III, Section 3, “Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.