Kusenda v People (Appeal 22 of 1986) [1988] ZMSC 66 (19 April 1988)

IN THE SUPREME COURT OF ZAMBIA < Appeal 4tew -22ef4986 HOLDEN AT KABWE (Criminal Jurisdiction) ' ’ ; »•: ' .. M ■'••'■■ W;:z? Iptf ‘ -rC'r' ...... • “W _ ■ sir DICKSON KAUNDA KUSENOA Appellant ' < V / . I* > K 1 V ‘ THE PEOPLE ? • ■■-t.. Respondent .' CORAM Gardner, Ag. D. C. J., Bweupe and Challa, Ag. JJ. S., I J •■.. 19th April, 1988 J. Mwanakatwe. Asst, Senior Legal Aid Counsel, for the appellant G. S. Phiri. Senior State Advocate, for the^fespondent _________________ Gardner J.s delivered ^^0S”>®nt court." ’ ' i •. . • • >.• '■ c • ■ ..’ v; g& This is an appeal against a conviction for aggravated robbery; the particulars of the offence being that the appellant, on the 25th day of April, 1984, at Kaoma, jointly and whilst acting together with someone unknown, did steal a number of articles from a shop valued at Ki.001,66n and attheutime of such Stealing did threaten ’ to use actual viPL«nce against Ruth Kambqnge and Sil Ho LifasL The facts of th^casV ware that a ninber of people Ursi into the shop referred to in the charge and by pointing what purported to be a gun made the people in the shop give up possession of all the property mentioned in the ^charge. Two of the prosecution witnesses in the'shop ■ f - > I- recognised the ^appeHant as being one of the people who was amongst those that had committed the robbery. They had seen him on number of occa­ sions before. They reported the appellant to the police who apprehended him. > 2/In........... - 2 * Innis appeal the appellant has merely said that he is not satisfied'^ with the ruling of the High Court judge. This 1$ no ground of appeal^ whatsoever. We are Quite satisfied that in no way did the learned trial judge misdirect himself in finding the appellant guiltyofthls of fence. The appeal against conviction la dismissed. ... i ; The appellant was sentenced to fifteen years Imprisonment with hard labour. This is the muiem sentence prescribed by law. no appeal Iles therefros. The appellant was not on-Mt own when M comitted this offence. r'G;' S; ti £s< Nr •.’onddnt furihe appal i\ . -•■-•■ ?•■ A: 8. T« Gardner MTiwitwmiaiieFWSTicg far d^eUant.- on i .^11 ^itsi ROting tocher • ■, Vi.r'iirffTTT er/ serins wfimew judge tr ’trr® ■ /.,. ^h?- psintl^ what possesslo® of I the .p-re^arty ' *' '^' S.'thalla * T37T>z -' ''jp* :■