R v Zwao alias Continau (Criminal Review Case 205 of 1939) [1939] ZMHCNR 5 (31 December 1939)
The court must record the specific offence for which the accused is convicted, not merely state 'Guilty'; if convicted of an alternative offence, the judgment must specify the offence and statutory basis.
Source-derived case information.
- Citation
- [1939] ZMHCNR 5
- Parties
- Prosecution: Republic; Accused: ZWAO alias CONTINAU
- Court
- High Court of Northern Rhodesia
- Jurisdiction
- Zambia
- Case Number
- Criminal Review Case 205 of 1939
- Procedural Posture
- Criminal Review / Judgment
- Outcome
- Guidance issued on recording findings of court in criminal convictions.
- Legal Topics
- Recording of Conviction, Judgment Writing, Conviction for Alternative Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
ZWAO alias CONTINAU
Accused
Procedural Posture
Criminal Review / Judgment
Legal Issues
- 1 What is the correct method of recording the finding of the court in a criminal conviction?
Ratio Decidendi
The court must record the specific offence for which the accused is convicted, not merely state 'Guilty'; if convicted of an alternative offence, the judgment must specify the offence and statutory basis.
Court Disposition
Guidance issued on recording findings of court in criminal convictions.
Full Case Text
Judgment text and source record
1 paragraphs
[Vol. II R. v. ZWAO alias CONTINAU. Criminal R eview Case No. 205 of 1939. Recording finding o f Court on record. This abstract from the judgment o f His Honour the Acting Judge indicates the correct method o f recording the finding o f court. J effreys, A . J .: It is necessary to show o f what offence the accused “ Guilty ” is not sufficient, see Criminal Procedure person is convicted. Code section 158 (2). Ordinarily, where the accused person is convicted o f the offence with which he is charged it is sufficient to record “ Guilty o f the charge as laid ” . Where, however, a person is charged (for example) with theft contra Penal Code section 243, but is convicted o f receiving, which can be lawfully done b y virtue o f Criminal Procedure Code section 171,1 the judgm ent would read “ Guilty o f receiving stolen property knowing it to be stolen, contra Penal Code section 286 (1) ” and a note should be added “ see Criminal Procedure Code section 171 ” . 1 Now by virtue of section 174 (1) (a) Criminal Procedure Code.—Editor.