Musonda and Hamalengwa were occupied with the task of carrying a metal box that contained the body of a child.
Musonda and Hamalengwa were occupied with the task of carrying a metal box that contained the body of a child. Whilst the two were carrying the box on their shoulders, they struck Ireen Jere with it with sufficient force to knock her down twice. Thereafter they proceeded to the house of the deceased, who was Ireen Jere’s mother, where they struck her with the box and proceeded to trample on her body. Thereafter, a man by the name of Samson went on to set fire to the deceased’s house hence leaving her with burns. Consequently, she died.
The three men were consequently arrested and charged with the offense of murder contrary to section 200 of the Zambian Penal Code. In their defense, they raised the defense of automatism caused by the disease of the mind. They argued that the box they were carrying made them go insane.
The court did not hesitate in saying that the accused completely failed to lay anything approaching a proper foundation for a defense of automatism. There was in consequence nothing for the prosecution to negative. All the evidence went to show as indeed the learned trial judge found, that the accused by their own volition knocked the deceased down with the box and then deliberately trampled upon her prone body.
Please discuss who has the legal burden of proof in the given case and the standard to which they need to discharge/prove it.
cite authorities and reference your work
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