R v James Kombi (Criminal Review Case 1 of 1937) [1937] ZMHCNR 15 (31 December 1937)
A 'previous conviction' must be prior to the commission of the subsequent offence, not just prior to the subsequent conviction.
Source-derived case information.
- Citation
- [1937] ZMHCNR 15
- Parties
- Prosecutor: Republic; Accused: James Kombi
- Court
- High Court of Northern Rhodesia
- Jurisdiction
- Zambia
- Case Number
- Criminal Review Case 1 of 1937
- Procedural Posture
- Criminal Review / Judgment
- Outcome
- Sentences in both cases confirmed.
- Legal Topics
- Previous Conviction, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
James Kombi
Accused
Procedural Posture
Criminal Review / Judgment
Legal Issues
- 1 What is the meaning of 'previous conviction' for sentencing purposes?
Ratio Decidendi
A 'previous conviction' must be prior to the commission of the subsequent offence, not just prior to the subsequent conviction.
Court Disposition
Sentences in both cases confirmed.
Full Case Text
Judgment text and source record
1 paragraphs
160 Vol. I] R. v. JAMES KOMBI. A Cr im in a l R e v i e w Ca s e o f 1937. Previous conviction—meaning o f “ previous" . In the judgment hereunder the meaning o f “ previous con viction ” is explained. Wilson, A . J .: Sentences in both cases confirmed. Please point out to the Magistrate that the “ previous ” conviction which I have marked was subsequent to the offences o f which the convict has now been convicted. “ Previous ” means previous to a subsequent offence not merely to a subsequent conviction.