| Court: | Zambia Supreme Court |
| Facts: | Found in possession of two oxen which were being used for plowing |
| Posture: | Convicted of stock theft, sentenced to the minimum (still pretty harsh). |
| Issue: | Were the elements of the crime proved beyond reasonable doubt? |
| Holding: | Conviction quashed. Mulinga is acquitted. |
| Rule: | Intent to deprive the owner of possession must be proved beyond reasonable doubt. |
| Reasoning: | The judge just made a finding of fact, that although Mulinga did find the cattle straying, he intended to deprive the owner of them permanently. The fact that the appellant lied about the cattle is not sufficient to prove intent. |
| Dicta: | |