Benjamin Kalimanshi v People (Appeal 19 of 2001) [2001] ZMSC 98 (5 June 2001)

IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 19 OF 2001 HOLDEN AT NDOLA (Criminal Jurisdiction) BETWEEN: BENJAMIN KALIMANSHI APPELLANT AND THE PEOPLE RESPONDENT CORAM: Ngulube, CJ, Chaila, JS and Mambilima, AJS. On 5th June, 2001. For the appellant - Mrs. Nsama Nkaka Chisaka, appearing with Mr. Abraham Mwansa, under the Law Association of Zambia Legal Aid Scheme. For the respondent - Mr. C. F. R. Mchenga, Senior State Advocate. JUDGMENT Ngulube, CJ, delivered the judgment of the court. The appellant was originally charged with a count of murder which was then reduced to manslaughter to which he readily pleaded guilty. The particulars were that on 18th January, 1999, at Mufulira, he unlawfully caused the death of Brian Chipili. The brief facts of the case showed that the deceased and the appellant were vendors of roasted meat outside a bar and in a drunken fit the appellant picked up a meaningless quarrel with the deceased and picked up the knife used for the meat business and stabbed his colleague. He was sentenced to 25 years imprisonment with hard labour. On his behalf, learned Counsel has argued that, the sentence was too harsh and wrong in principle. She has drawn our attention to previous decisions of this court, on the correct approach to cases of this nature where an accused person pleads guilty. We agree with her entirely. The sentence was wrong in principle because it did not reflect the credit which should be given to persons who plead guilty. Accused persons who show remorse should be encouraged to plead guilty and save everyone’s time. The sentence should therefore reflect this. Of course, we are not to be understood to be condoning the use of knives and other lethal weapons especially in meaningless fights, but we do have to admit that a sentence of 25 years in the circumstances on a young man of 20 years old comes with a profound sense of shock. The appeal is allowed. The sentence of 25 years is set aside and in its place we impose a sentence of 5 years imprisonment with hard labour. M. M. S. W. Ngulube, CHIEF JUSTICE. M. S. Chaila, SUPREME COURT JUDGE. I. M. C. Mambilima, ACTING SUPREME COURT JUDGE.