The Role of Medical Evidence in Determining the Cause of Death in Murder Cases in Zambia
DOI:
https://doi.org/10.47941/jmlp.1116Keywords:
Expert Opinion Evidence, Murder, Cause of Death, Medicolegal Death InvestigationsAbstract
Purpose: This paper seeks to demonstrate the necessity of medical evidence in determining the cause of death in Murder cases. Further, to show that the use of ocular observations to determine the cause of death is not always sufficient or accurate. It is important for medical evidence to be adduced to determine the cause of death in murder cases because a conviction for murder carries the ultimate punishment of death. Secondly, determining the cause of death in a murder case is not only a legal question but also a medical question. Combining both approaches is likely to lead to a more just determination of the matter.
Methodology: The research was conducted by analysing statutes, judicial precedents, journal articles and other legal authorities that address the legal principles and issues underpinning this subject matter.
Findings: Firstly, the use of expert medical evidence in determining the cause of death in murder cases is not mandatory in Zambia. Secondly, relying solely on ocular observations to determine the cause of death will not always lead to a just and or accurate determination of the cause of death. Thirdly, there is a lack of trained experts in the field of Medico legal Death Investigations. Fourthly, the use of a combination of both eye witness testimony and expert medical evidence will lead to a just conclusion of murder cases. Lastly, determining the cause of death is both a legal and medical question
Unique contribution to theory, practice and policy: The study highlights the importance that must be attached to the use of medical evidence in murder cases in view of the fact that determining the cause of death is not just a legal question premised on eye witness accounts but a medical question requiring expert opinion. It further advocates a mandatory requirement for the state to adduce medical evidence in prosecuting murder cases. Lastly it calls for investment in training experts in the field of medicolegal death investigations to provide the much-needed expert opinion in these cases
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Judicial Precedents
Attorney General v Mwanza & Another (Appeal 203 of 2014) [2017] ZMSC 140 (22 August 2017)
Banda v The People S.C.Z. Judgment No. 17 of 1984
Chanda and Chanda v The People SCZ 29 of 2002) [2002] ZMSC 79
Chansa v The People(1975). ZMSC 2 (16 September 1975)
Cibozu and Chibozu v The People (1981) ZLR 28 (SC)
Fawaz and Chelelwa v The People (1995-1997) ZR 3
Kashende Njunga, Francis KadongaKangeya, George Musenga Chikatu, Chimanga Kangol Shamuzala and Oscar Maseke Makuwa v The People (1988-1989) ZLR 1 (SC)
Kasonde and Chanda v The People CAZ Appeal No 17 / 18 of 2017
Ngobeka v The People CAZ Appeal No 182/2020
R v Silverlock (1894) 2 QB 766
Simbaiula v The People (1991-1992) ZLR 136 (SC)
Woolmington v DPP (1935) AC 462
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