Mukangwa v The People (SCZ Appeal No. 67 of 1993) [1993] ZMSC 143 (8 June 1993)

IM THE SUPREME COURT OF ZAMBIA SCZ Aopo&l No. 67 Of im HOLDEM AT HOULA (Criminal Jurisdiction) FASTONE JWKAHGNA Appellant VS THE PEOPLE Respondent CORAM: Sakata, Chai la and Muzyamba JJJ. S. 8th June, 1993. Mr. P. Vaslsht, Assistant Senior legal Aid Counsel for the appellant Hr. S. A.a. Twmst, Senior State Advocate for the respondent JUDGMENT Chat la, J. S. delivered the judgment of the court. The appellant was charged with the offence of murder. After trial he was convicted and sentenced to 20 years imprisonment with hard labour. The particulars of the offence were that he, on the tath June 1991 at Kanongene Tillage in the Ndola Rural District of the Copperbelt Province of the Republic of Zambia, murdered one Ton ChishIto. Briefly the prosecution's case was that the appellant after persuading the deceased to go with him to a witchdoctor fought him and killed him because ne believed that the deceased was the person who had bewitched his mother. After being convicted of the offence, the learned trial judge accepted that the appellant belonged to a society that believed in witchcraft and that afforded him some extenuating circumstances which made the trial judge not to impose a death sentence. /?.... the appellant - 32 - The appellant has appealed against sentence only. The appellant’s learned counsel has argued that the learned trial judge should have Inposed a lesser sentence after finding that the appellant belonged to a society that believes In witchcraft. He has further submitted that the appellant surrendered himself to the police and that the learned trial judge should have taken that fact Into consideration. We have considered the evidence on record and the arguments made by the learned legal Aid Counsel and we agree that a sentence of 20 years Imprisonment for this particular offence was out of principle and it has come to us with a sense of shock. The appeal against sentence is therefore allowed and the sentence of 20 years imprisonment with hard labour is set aside and in its place, we Impose a sentence of 10 years fmrpisonment with hard labour with effect from the dets of arrest. E. L. Sakala SUPREME COURT JUDGE M. S. Chaila SUPREME COURT JUDGE W. M. Muzyamba SUPREME COURT JUDGE