The people v chaponda states that the word complainant can mean different things in different
situations for instance if one goes to report to the police the complainant in the police. Where you have
more than one accused person each one must plead separately. If an accused is charge with an offence
that requires consent of the dpp the accused will not be enquired to plead.
FAILURE TO PLEA Because ACCUSED IS OF AN SOUND MIND
Section 160 places the preliminary on the court to inquire if they are of unsound mind inquiry might be
through a relative and later ordering a report for a medical examination. THE PEOPLE AND MWABA 1973
ZAMBIA LAW REPORTS AND ALSO THE CASE OF TE PEOPLE AND BANDA show that the court be
medically exmined R v Wolomoce Phiri even where the person was previsouly proved to be of unsound
mind the curt must still order this.
Section 161 the procedure followed is that is there something that warrants something if not the court
will acquite and discharge said person. The position of the law is that whenever the sub court detaines a
person due to the presidents pleasure such detention should go through the high court.
Exam question on insanity
What is a special finding. This is when someone is not guilty by reason of insanity. Special finding is
made only one someone has successfully raised the defense of insanity.
NB Study further on insanity know how when defence is raised read cases on when the onus is on the
defence to show this and when the onus is on the court to order a report to show this sudy the
situations and be able to distinguish between the two. Read cases such as kupe kafunda case
Read section 161 and 167.