Hussein Salim Juma v The People (SCZ APPEAL NO. 136/1985) [1991] ZMSC 61 (5 March 1991)

IN THE SUPREME COURT OF ZAMBIA SCZ APPEAL NO. 136/1985 HOLDEN AT NDOLA -------- ----------- --------- , (Criminal Jurisdiction) . ■ . ' . ’ , < ■ HUSSEIN SALIM JUMA Appellant ; THE PEOPLE Respondent ’ . CORAM: Gardner, AJ. S.,Sakala & Chaila JJ. S. 5th March 1991 For the Appellant: Mr. S, K, Munthali, Senior Legal Counsel For the People: Mr. A. B. Munthali, State Advocate - JUD GHENT .. • ■ • ' • ■■ ‘ ■ ■ ;' --------------------------- --------------------------------------------------- .--------------------- -------------——------------------ ---------------------------------------- Gardner, AJ. S.» delivered the judgment of the court. . .v. ? • • ■ . . • •.. ’ Mr. Munthali, Senior Legal Counsel for the appellant Indicated to this court that he did not support the conviction of the appellant. The appellant was convicted of aggravated robbery. The particulars of the charge were that he together with others on the 6th of December, 1979 at Ndola stole from Eugene Goss a motor vehicle, and a quantity of. personal property. The prosecution evidence was that the complainant had the property referred to in the charge stolen from him at the Ndola Golf Club. There was further evidence that, when the appellant was questioned by the Police, he took them to the house where he used to stay In which >’■ house was found a suit of clothes which had.been stolen from the comp­ lainant. One of the prosecution witnesses gave evidence that the,’suit belonged to one of the co-accused. The learned.trial judge convicted the appellant because he knew where the suit was to be found. ’This was not adequate evidence upon which to convict the appellant. • c ■' ? ■ & ’ ■ ' ■ - ■ < •• ■ ■ ■- -■ ■ • . ■ ■ ■ ■ £ /J2..,. ' The conviction cannot be supported for the reasons which we have given. This appeal will be allowed. The conviction is quashed, the sentence is set aside J $ j/ ?■ !’• !■ 7. * B. T. GARDNER AG. SUPREME COURT JUDGE E. L. SAKALA SUPREME COURT JUDGE M.^S^CHATLA SUPREME COURT JUDGE J ■ - // r ■ 4 % I