Mabvuto Chiwiya v The People (Appeal No.26/2006) [2006] ZMSC 66 (6 June 2006)

IN THE SUPREME COURT OF ZAMBIA . HOLDEN AT NDOLA (Criminal Jurisdiction) AppealNo.26/2006 BETWEEN: MABVUTO CHIWIYA Appellant AND THE PEOPLE Respondent Coram: Lewanika, DCJ. Mumba and Mushabati, JJS. On 6th June, 2006. For the Appellant For the Respondent Mr. E. M. Sikazwe - Deputy Director Legal Aid Mr. C. F. R. Mchenga - Director of Public Prosecution JUDGMENT Lewanika, DCJ, delivered the Judgment of the Court. The Appellant was convicted of Manslaughter contrruy to Section 199 of the Penal Code Cap 87 of the Laws of Zambia. The particulars of the offence are that on 9 th April, 2005 in Ndola in the Ndola District of the Copperbelt Province of the Republic of Zambia Mabvuto Chiwiya did unlawfully cause the death of Linda Chibuye Chisanga. The Appellant who pleaded guilty was sentenced to a term of 20 years imprisonment with hard labour with effect from 9 th April, ' 2005. The facts of this case are that in the early hours of the 9th April, 2005, the Appellant called his wife and asked her to give him some medicine because he was not feeling well a request which ended up in the two to have an argument prompting the deceased to pick a pounding stick with an intention of hitting the Appellant. The Appellant overpowered the deceased, grabbed the pounding stick from her and hit the deceased on the head causing injury from which she died. Mr. Sikazwe in his written submission submitted that the Appellant pleaded guilty to manslaughter and being a young man deserved leniency. Mr. Sikazwe submitted that the Appellant was remorseful and deserved leniency since he was a first offender and that the death of his wife will haunt him for the rest of his life. We have considered the submissions as well as the evidence on record and in our view, the sentence which was imposed by the court below namely 20 years imprisonment with hard labour is too severe in the circumstances of this case. We therefore, quash this term of 20 years and in its place we - - -- ------ - - - - -------------- - J3 substitute it with one of 10 years .imprisonment with hard labour with effect from 9 th April, 2005. D. M. LEWANIKA DEPUTY CHIEF JUSTICE ············~·~····· F. N. M. MUMBA SUPREME COURT JUDGE .,.~:~~~~~' C. S. MUSHABATI SUPREME COURT JUDGE