Christopher Mwanza and Anor v People (Appeal No. 79/90) [1990] ZMSC 19 (14 August 1990)

., .. I IN THE SUPREME. COURT OF ZAMBIA HOLDEN AT KABWE Appeal No. 79/90 (Criminal JurisdtctJon) I ., ., C~RISTOPHE~ MWANZA CHINYAMA SALUWEWE .. . ' V THE PEOPLE. CORAM: Gardner. AJ.s •• Chiila and Lawrence, JJ.~~. Appellant Respondent ,,. ' 14th August, 19~0 • .. . . . . Appellants appeared in per~on. . Mr. E. Sewanyana, State Advocate for the State. ' I • J u D G M. E N 1· I Gardner, AJ.s., d~Uvered the Judgment' of th~ court~. The app0ellants were convicted ·of aggravated robbery. The particulars of the offence were that they, together-with another a juvenile, on the 6th of Ma~rch, .1987, at -Lus4ka, stole a Quantity_ of personal property and at the tim~ of such stealing_ did use or threaten to use violence to Eshiudi Mungondo the· owner of that · property. . . . . The Senior State Aqvocate has very properly said that he I • • • • does not support that conviction and both the appellants have agreed to accept convictions for receiving stolen property. The,facts of the case were that.there was a break-in at-the· house of the complaincint by a number of p~ople and subsequently there was evidence that these appellants and __ their co-accused sold some of the stolen property to various people some of whom were witnesses. . . ' . . ' On thls evidence they were convicted of aggravate·d robbery. There was in fact no other evidence to connect them with.aggravated robbery and it therefore could not be said th.at the recent IX)SSeSSicn \ J I J I ·- I • • -. :. of the property could lead only to the . ~nfer.ence _that· .t~ey were guilty ·of the aggravated robbery. We therefore agree wt'th the learned State A~vocate in the very ~roper course which he has taken, a_nd th~·· ~ppeai:~ ~gain$t· conv l ction for aggravated robbery are· allowed·. The · convictions' are quashed and the sentences for that offence ·.are set aside. place we sub$tltute convictfons 1>f both :appeHants.· for receiving · stolen property· and we .sentence --~hem to .five years imprisonment: with hard labour with e-ffect ·from the 1_4t~ of.' April~- 1987 • In their · .. ............... . B. T. Gardner ACTING SUPREME COURT JUDGE ••••••••••••••• M,. s. Chdla SUPREME COURT JUDGE ·:, . . . ...... ···~-~-~-----":" A. · R. Lawrence SUPREME COURT . JUDGE· ' i I .1 , .