Andrew Mwiinga Mwanakufwa v People (Appeal 66 of 2000) [2000] ZMSC 116 (5 September 2000)

IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 66 OF 2000 HOLDEN AT NDOLA (CRIMINAL JURISDICTION) BETWEEN: ANDREW MWIINGA MWANAKUFWA APPELLANT Vs THE PEOPLE RESPONDENT CORAM: CHAILA, MUZYAMBA AND CHIBESAKUNDA, JJS On 5th September, 2000 For the Appellant - For the Respondent - Mrs. J. C. Kauri iba, Assistant Principal Aid Counsel. Mr. D. B, Mupeta, State Advocate. JUDGMENT CHAILA, JS., delivered the judgment of the court. The appellant was charged with the offence of murder. The prosecution lead evidence and the appellant was convicted not of the capital offence but of the manslaughter and was sentenced to 15 years imprisonment with hard labour. He appeals to this court against sentence only. Mrs. Kaumba has pleaded on his behalf that the court should take into account the circumstances which lead to the fight and to the death of the deceased. She has urged the court to take into account the evidence and the circumstances of the case. She argued that the two were friendly before the incident and that the appellant is very sorry and very sad about the incident. We have taken into consideration the evidence and the circumstances leading to this unfortunate incident. We have, however, noticed that a weapon in the form of a spear was used and that has : J2 : made the offence more aggravated. We have, however, come to the conclusion that 15 years for the first offender is on a higher side and is out of principle. The appeal against this sentence is allowed and we are of the view that the sentence of 10 years is most appropriate. The appellant is, therefore, sentenced to 10 years imprisonment with hard labour with effect from the date of arrest. M. S. Chaila, SUPREME COURT JUDGE. W. M. Muzyamba, SUPREME COURT JUDGE. L. P. Chibesakunda, SUPREME COURT JUDGE.