Mutambo and others V the People (1965) ZR 15 Facts

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Questions and Answers

What was the immediate cause of the altercation between the police patrol and the villagers at Chapaula Village?

  • The inspector losing his rifle
  • The patrol approaching the village armed
  • The villagers attacking unprovoked
  • A refusal of admission of messengers to the village (correct)

What weapon was used to stab the Inspector in the back?

  • Machette
  • Bayonet
  • Fishing spear (correct)
  • Ax

How did the villagers respond after the shout of 'Jericho' was raised?

  • They attacked with spears and axes (correct)
  • They surrendered
  • They threw rocks at the police
  • They ran away

What did some of the police do when the oncoming villagers were shot?

<p>Continued firing (C)</p> Signup and view all the answers

What happened to the Inspector after he ran about a hundred yards from the village?

<p>Fell down (C)</p> Signup and view all the answers

What role did the six appellants play in the altercation?

<p>Attacked and pursued the police, stabbing the Inspector after he fell (C)</p> Signup and view all the answers

What did the Provincial Medical Officer find during the post-mortem examination of Inspector Smith's body?

<p>Two wounds in the mouth and one in the left cheek (B)</p> Signup and view all the answers

What did the witness state in relation to the wounds inflicted on Inspector Smith?

<p>The wounds caused shock and hemorrhage leading to death (D)</p> Signup and view all the answers

How many other wounds were found on Inspector Smith's body during the post-mortem examination?

<p>34 other wounds (C)</p> Signup and view all the answers

In which part of the body did the medical officer state that Inspector Smith could have still run some distance after sustaining wounds?

<p>Back of the chest and face (B)</p> Signup and view all the answers

According to Section 22 of the Penal Code, what is required to prove that an individual is guilty of murder under a common intention?

<p>Proof beyond reasonable doubt of forming a common purpose for an unlawful purpose with others (C)</p> Signup and view all the answers

What does Section 11 of the Penal Code address in terms of a defense raised?

<p>Defense of mistake (C)</p> Signup and view all the answers

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Study Notes

Case Summary: Mutambo and Others V the People (1965) ZR 15

  • The case involves the death of Derek Smith, a European Inspector of Police, who was stabbed on July 24, 1964, while leading a police patrol at Chapaula Village, a village established by the Lumpa Church.

Circumstances of the Incident

  • The police patrol was investigating an alleged refusal of admission of a kapasu and two Boma messengers to the village on the previous day.
  • The patrol was armed with rifles, a revolver, and a bayonet.
  • As the patrol approached the village, a man and a woman were seen and chased by the police, but they escaped.
  • The woman ran through the gate into the village, followed by the Inspector and some other police.

Attack on the Police

  • The Inspector was stabbed in the back with a fishing spear near a house.
  • A shout of 'Jericho' was raised, and a number of men, armed with spears and axes, and a woman armed with a machete, rushed out towards the police.
  • One of the other police received a spear wound in the arm.
  • Some of the police opened fire upon the oncoming villagers, resulting in some of them being shot.

Pursuit and Fatal Attack on the Inspector

  • The police, led by the Inspector, who still had the spear stuck in his back, and had lost his rifle, ran out of the village, pursued by the men.
  • After running about a hundred yards from the village, the Inspector fell down and was stabbed by the villagers with spears.

Post-Mortem Examination

  • The Provincial Medical Officer, Kasama, performed a post-mortem examination on Inspector Smith's body.
  • The examination revealed numerous wounds, including two wounds in the mouth, one in the left cheek, a wound on the back of the head, two wounds on the back of the right side of the chest, a wound on the right hip, and a wound on the left leg.
  • The medical officer concluded that these wounds were inflicted by spears and caused shock and hemorrhage, leading to death.
  • The examination also showed that the body had thirty-four other wounds inflicted by spears after death.
  • The appellants were convicted under Section 22 of the Penal Code, which concerns common intention.
  • The defence of mistake was raised under Section 11 of the Penal Code.
  • To bring an appellant within Section 22, the prosecution must prove beyond reasonable doubt that the appellant formed a common intention with others to prosecute an unlawful purpose, and that the offence was a probable consequence of that purpose.

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