R v Mailos (Criminal Review Case 1 of 1934) [1934] ZMHCNR 2 (31 December 1934)
A person is not 'unauthorised' under Regulation 12 if they have a lawful excuse, which may arise from implication, invitation, or custom, and it is for the magistrate to determine if the circumstances amount to lawful excuse.
Source-derived case information.
- Citation
- [1934] ZMHCNR 2
- Parties
- Prosecutor: Rex; Accused: Mailos
- Court
- High Court of Northern Rhodesia
- Jurisdiction
- Zambia
- Case Number
- Criminal Review Case 1 of 1934
- Procedural Posture
- Criminal Review / Judgment
- Outcome
- Interpretation of 'unauthorised person' clarified; remitted to magistrate for determination based on facts.
- Legal Topics
- Unauthorised Entry, Mining Regulations, Lawful Excuse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecutor
Mailos
Accused
Procedural Posture
Criminal Review / Judgment
Legal Issues
- 1 Meaning of 'unauthorised person' under Regulation 12 of the Mining Regulations, 1912
- 2 Whether lawful excuse constitutes authorisation to enter mining property
Ratio Decidendi
A person is not 'unauthorised' under Regulation 12 if they have a lawful excuse, which may arise from implication, invitation, or custom, and it is for the magistrate to determine if the circumstances amount to lawful excuse.
Court Disposition
Interpretation of 'unauthorised person' clarified; remitted to magistrate for determination based on facts.
Full Case Text
Judgment text and source record
1 paragraphs
74 Vol. I] R. v. MAILOS. A Crim in al R e v ie w Case of 1934. Regulation 12 of the Mining Regulations under the M ining Proclamation, 1912 (Cap. 73)—unauthorised person entering mine property— moaning of the term “ unauthorised person ” . Regulation 12 of the Mining Regulations under the Mining Proclamation, 1912 (Cap. 73) reads: “ No unauthorised person shall enter into any part o f a mining property whether surface or underground.” The Mining Ordinance enacted as the Mining Proclamation, 1912, was repealed and replaced by the Mining Ordinance (Cap. 91) in 1958. Regulation 1907 o f the Mining Regulations made under the new Ordinance reads thus: “ No unauthorised person shall enter any part o f the mining property in the immediate vicinity of, or within a fence enclosing, any shaft or other mine working or any plant or machinery.” See also R. v. J. B. Metcalfe Walton 2 N . R. L. R. 207. Fitzgerald, A. J.: The term “ unauthorised person ” means a person without lawful excuse. A lawful excuse need not necessarily be a signed authority, it could be an authority by implication, invitation, custom, etc. In each case it is for the magistrate to decide whether the circum stances alleged by the defence constitute a lawful excuse.