Moses Mwiba v The People (Appeal No. 125 of 1971) [1971] ZMCA 8 (21 September 1971)

MOSES MWIBA v THE PEOPLE (1971) ZR 131 (CA) COURT OF APPEAL DOYLE CJ, 25 GARDNER AND BARON JJA 21st SEPTEMBER 1971 (Appeal No. 125 of 1971 ) Flynote Criminal law and procedure - Sentence - Accused pleading guilty - Duty of trial court to take into consideration. 30 Headnote The appellant was convicted on six counts of fraudulent false accounting and was sentenced to two years' imprisonment with hard labour on each count, such sentences to be served concurrently. When sentencing the trial court did not fully take into account the fact that the accused pleaded guilty. 35 Held: While sentencing due allowance should be given to accused person who pleads guilty and shows contrition. Judgment Doyle CJ: delivered the Judgment of the court: In this case the appellant was convicted on six counts of fraudulent false accounting and 40 was sentenced to two years' imprisonment with hard labour on each count concurrent. The appellant is employed by the Post Office and it is clear that offences of this nature are extremely serious. The appellant had seven years' service and he pleaded guilty. We think that the learned 1971 ZR p132 DOYLE CJ magistrate did not take fully into account these points. Where a reasonable sentence is passed this court will not interfere but we do consider that due allowance should be given to accused persons who plead guilty and show contrition. Their action saves the time of the courts and the investigating 5 officers. In the whole circumstances of this case, we are satisfied that the sentence is excessive. We quash the sentence and substitute a sentence of eighteen months' imprisonment to date from arrest. Order accordingly