TEXT: Uglow on Evidence Chapter 5

LAW OF EVIDENCE

WEEK ONE ACTIVITY AND READING LIST

READING LIST

GEORGE BIENGA v THE PEOPLE (1978) Z.R. 32 (H.C.)

LUFEYO MATATIYO KALALA v THE ATTORNEY-GENERAL (1977) Z.R. 310 (S.C.)

Shamwana and 7 others v The people (1985)

Buckingham v Daily News, Ltd ([1956] 2 All ER 904

DAVID ZULU v THE PEOPLE (1977) Z.R. 151 (S.C.)

PATRICK SAKALA v THE PEOPLE (1980) Z.R. 205 (S.C.)

KHUPE KAFUNDA Vs THE PEOPLE Z.R. 31 (S.C.)

MacDonnel v Evans

Augustien v Challis

R v Holy trinity hull

R v Elworthy

R v Daye

STATUTES:

Evidence act cap 43 of the laws of Zambia

Evidence (Bankers Book) Act Cap44 of the laws of Zambia

Short questions

1. Define evidence

2. Outline the forms that evidence can take

3. List the different classifications or labels of evidence 4. Define circumstantial evidence

5. Is circumstantial evidence admissible in court?

6. Can the court convict based solely on circumstantial evidence?

7. Distinguish between real evidence and documentary evidence

8. Define hearsay

9. When is evidence considered to be hearsay?

ACTIVITY

Mr Obanda the deceased is recorded to have died on the 5th of December 2012. Mr Jack Phiri who was Mr Obanda’s business rival has been charged with the murder of Mr Obanda. As evidence the prosecution:

1. Mrs Obanda who says she was in the living room when Mr Jack Phiri walked into the house with three other men, all four of them were wearing masks. They captured her and her husband and told her to be quiet or they would shoot her. They tied her up to a chair and tortured her husband. She says that her husband was stabbed by the four assailants until he stopped breathing.

2. Margret, Mrs Obanda’s 5 (five) year old niece says she heard her uncle scream out, Please Mr Jack Phiri don’t kill me.

3. The police searched Mr Jack Phiri’s house where they found:

(a) A bloody knife tested to be the deceased’s blood, in Mr Jack Phiri’s trousers

(b) Mr Obanda’s pictures found under Mr Jack Phiri’s pillow

(c) 50 million dollars found under Mr Jack Phiri’s bed

(d) A letter signed by Mr Jack Phiri written to Andrew Phiri stating ‘I have had it with that man, he makes my life so miserable. He stole all my clients and now he will pay.’

4. The police also take pictures of footprints at the murder scene believed to be Mr Jack Phiri’s print. Looking at the above evidence outline:

1. What label classification of evidence each piece of evidence falls under

2. Whether each piece of evidence is relevant

3. Whether each piece of evidence is admissible