Kalebwe v Director of Public Prosecutions [1969] ZMCA 1 (18 March 1969)

KALEBWE v THE DIRECTOR OF PUBLIC PROSECUTIONS (1969) ZR 39 (CA) COURT OF APPEAL SKINNER CJ, DOYLE JA, EVANS J 18th MARCH 1969 Flynote and Headnote [1] Criminal procedure - Prosecution's case - Pleading by accused. 5 In proving its case, the prosecution cannot rely on words spoken by the accused when called upon to plead. [2] Criminal procedure - Pleading by accused - Not part of prosecution's case. See [1] above. 10 Case cited: (1) R v Muchuma (1946) 4 NRLR 64. Judgment Skinner CJ: delivered the judgment of the court. The appellant was convicted by a subordinate court at Kalulushi of the offence of theft by agent contrary to section 251B of the Penal Code. 15 Mr Chigaga for the People has told us that unless he can rely on the words spoken by the appellant at the time of the plea in the court below he is unable to support the conviction. The case of R v Muchuma [1] which has been referred to in the course of the appeal by my brother Evans is authority for the proposition 20 of law that the prosecution cannot rely upon words spoken by an accused when called upon to plead. Even without the authority contained in that case, we would hold that there is a duty to prove all the ingredients of the offence and that the prosecution cannot rely upon words spoken by the accused at the time when he is called upon to plead. Consequently 25 we do not think that the conviction should stand, and we allow the appeal. Appeal allowed 1969 ZR p39