Jack Banda v People (SCZ Appeal 19 of 2000) [2001] ZMSC 99 (3 April 2001)

IN THE SUPREME COURT OF ZAMBIA SCZ APPEAL NO. 19 OF 2000 HOLDEN AT LUSAKA (Criminal Jurisdiction) JACK BANDA VS THE PEOPLE Coram: Sakala, Ag. DCJ., Chirwa and Lewanika JJS. 3rd April, 2001. For the Appellant, Captain F. J. Nanguzyambo, Director of Legal Aid. For the State Mr. J. Mwanakatwe, Principal State Advocate. Sakala, AG. DCJ., delivered the Judgment of the Court. JUDGMENT Die appellant was sentenced to 20 years imprisonment with hard labour following upon his conviction for the offence of aggravated robbery. The particulars of the offence alleged that the appellant, on 15th September 1998, at Lusaka, in the Lusaka District of the Lusaka Province of the Republic of Zambia with other persons unknown, while armed with a knife, robbed Samson Nkoma of a Motor vehicle namely, Toyota Corrolla registration No. AAC 9563, valued at K3 million, the property of Eustance Mainza and used force at the time of the robbery. : J2 : The fact that Samson Nkhoma was robbed of his motor vehicle was amply proved. The short facts were that the complainant, PW1, was hired by three people to take them to Chunga. On the way, some chillies were thrown into PWl’s eyes. An attempt was made to stab him with a knife. The vehicle was subsequently snatched from him. The following morning, the shell of the vehicle was discovered. Subsequently, the engine and the gear box were recovered. According to the prosecution evidence, the engine and the gear box were sold to PW2 by the appellant. It was the appellant who led the police to the recovery of these items. The appellant was identified by PW1 at an identification parade. There is no appeal against conviction. The court was informed that this appeal was against a sentence of 20 years. On behalf of the appellant, Captain Nanguzyambo has pleaded with us that in the circumstances of this case, bearing in mind the mode of attack against PW1, namely, the use of the chillies only and taking into account that the knife, although produced, was not used by the assailants, a sentence of 20 years, although not coming with a sense of shock, according to counsel’s submissions, was on the higher side. He has asked us to reduce that sentence of 20 years to any lesser sentence. : J3 : We have considered the plea for mercy. We have very serious difficulties to agree with counsel. The offences of aggravated robbery, in Lusaka alone, involving motor vehicles are a daily occurrence. The courts must show their disapproval of this prevalent offence by imposing heavy sentences to send a message to all would be bandits of whatever form of violence they use, that they will not be spared of the heavy sentences. Providers of public transport need to be protected. They ought to operate in a robbery free environment. A sentence of 20 years imprisonment with hard labour does not come to us with any sense of shock. The appeal against a sentence of 20 years imprisonment with hard labour is accordingly dismissed. E. L. Sakala, ACTING DEPUTY CHIEF JUSTICE. D K Chirwa, SUPREME COURT JUDGE. D. M Lewanika SUPREME COURT JUDGE.