Kalonga and Anor v People (SCZ Appeal 38 of 1994) [1994] ZMSC 150 (6 September 1994)

IN THE SUPREME COURT OF ZAMBIA SCZ Appeal Nos, 38 & 39 HOLDEN AT HDOLA (Criminal Jurisdiction) FRIDAY KALONGA DAVID CHILESHE 1st Appellant 2nd Appellant vs THE PEOPLE Respondent Coram: Chaila, Chirwa and Muzyamba JJJs on 6 ch September For the 1st Appellant: In Person For the Respondent ^: Mr. R. O. Okafor,Principal STata , Advocate • „ JUDGMENT, • <• ' • _________________ _________________________________________________ _____________ - . Chlrwa J. S delivered the Judgment of the Court. This judgment is in respect of the first appellant Friday Kalonga. The first appellant Friday Kalonga was jointly charged with two ochers on one count of aggravated robbery contrary co Section 294(1) of the Penal Code Cap. 146. The allegation was that the three on 14th day of Jun®, 1992 at Kasama jointly and whils^^pting together did steal one motor vehicle namely a Toyota Hilux regi- stratiorenumber AAK 5025, one Zambian green National Registration Card, 1 x 12 bore shotgun greener serial number 58754, two rounds of ammunition, on«spanner kit, blankets and so many other goods from ope Father Chisha and..'that at or immediately before or immediately after the time of stealing used actual:violence to the said Father Chisha in order to retain the said property or to prevent resistance to its being stolen. Upon his conviction, he was sentenced to 36 years Imprisonment with hard labour and the sentence was made to run after whatever sentence he was serving. He did not appeal to this court. < . ? V:^?- 2/... However, we have However, we have treated this matter as an application to appeal to this court out of time and as such we grant it. The appellant la only appealing against the sentence of 36 years imprisonment with hard labour. He has put in a written mitigation statement in which he alleges that he now realises the sin be committed against God and mankind and wishes to be forgiven for the sins. We take note of the circumstances of this robbery and also the injuries sustained by Father Chisha in this robbery. We also bait in mind the mitigation offered before us by the appellant. Bearing all thia in mind we feel the sentence of 36 years imprisonment with hard labour a bit excessive under the circumstances. We therefore, set aside this sentence of 36 years imprison­ ment with bard labour and in its place we substitute a sentence of 20 years imprisonment with bard labour and this sentence will run after whatever sentence the appellant may be serving succeeds. To that extent the appeal M. S. Chaila SUPREME COURT JUDGE ■-k :;V • * 9 9 9 * 9 • • 9 9.9 * * * • 9 V * D. K. Chirwa ( SUPREME COURT JUDGE •t W. M. Huzyamba SUPREME COURT JUDGE .'j, • • .-/-r/.v. . . We 14^^