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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?
What was the immediate cause of the altercation between the police patrol and the villagers at Chapaula Village?
What weapon was used to stab the Inspector in the back?
What weapon was used to stab the Inspector in the back?
How did the villagers respond after the shout of 'Jericho' was raised?
How did the villagers respond after the shout of 'Jericho' was raised?
What did some of the police do when the oncoming villagers were shot?
What did some of the police do when the oncoming villagers were shot?
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What happened to the Inspector after he ran about a hundred yards from the village?
What happened to the Inspector after he ran about a hundred yards from the village?
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What role did the six appellants play in the altercation?
What role did the six appellants play in the altercation?
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What did the Provincial Medical Officer find during the post-mortem examination of Inspector Smith's body?
What did the Provincial Medical Officer find during the post-mortem examination of Inspector Smith's body?
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What did the witness state in relation to the wounds inflicted on Inspector Smith?
What did the witness state in relation to the wounds inflicted on Inspector Smith?
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How many other wounds were found on Inspector Smith's body during the post-mortem examination?
How many other wounds were found on Inspector Smith's body during the post-mortem examination?
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In which part of the body did the medical officer state that Inspector Smith could have still run some distance after sustaining wounds?
In which part of the body did the medical officer state that Inspector Smith could have still run some distance after sustaining wounds?
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According to Section 22 of the Penal Code, what is required to prove that an individual is guilty of murder under a common intention?
According to Section 22 of the Penal Code, what is required to prove that an individual is guilty of murder under a common intention?
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What does Section 11 of the Penal Code address in terms of a defense raised?
What does Section 11 of the Penal Code address in terms of a defense raised?
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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.
Legal Considerations
- 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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Description
Test your knowledge on the case of Mutambo and others vs The People, a legal case from 1965 involving the death of European Inspector Derek Smith in Chapaula Village. Explore the details and facts of the case in this quiz.
