Simukoko v People (Appeal 12 of 2008) [2008] ZMSC 148 (3 June 2008)

IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 12/2008 HOLDEN AT NDOLA (CRIMINAL JURISDICTION) PANDO SIMUKOKO VS THE PEOPLE CORAM: MAMBILIMA, DCJ, CHITENGI, KABALATA JS, A/JS On 3ND June, 2008 For the Appellant: For the Respondent: L. E. EYAA, Deputy Director, Legal Aid Mr. C. F. R. MCHENGA, Director of Public Prosecutions _________________________ JUDGMENT_________________________ MAMBILIMA, DCJ delivered the judgment of the Court. The Appellant Pando Simukoko was charged together with one Prisca Simukoko for the offence of trafficking in psychotropic substances contrary to Section 6 of the Narcotic Drugs and Psychotropic Substances Act. He pleaded guilty to the charge and sentenced to 15 years imprisonment with hard labour. The facts of the this offence were that the Appellant together with Prisca Simukoko on the 10 of August, 2003 at Ndola in the Ndola District of the Copperbelt Province of Zambia, jointly and whilst acting together, they did traffic in 224 grams of marijuana a herbal product, without lawful authority. He has appealed to this court against the sentence of 15 years imprisonment with hard labour. According to his counsel, the Appellant is pleading with us to impose on him the mandatory minimum sentence of 10 years imprisonment with hard labour. In mitigation, he states that he is a married man with two children who are now suffering because he is in prison. He has promised that if he is given another chance, he will lead a normal life. He is therefore pleading for mercy from this court. We have considered the mitigation and the circumstances in this case. He readily pleaded guilty to the charge and looking at the substances involved, of 224 grams of marijuana, we find that there are no aggravating circumstances in this case. We therefore allow the appeal. We set aside the 15 years imprisonment with hard labour and we impose a mandatory sentence of 10 years imprisonment with hard labour with effect from the 10th of August, 2003. To that extent the appeal succeeds. LC. Mambilima DEPUTY CHIEF JUSTICE P. Ghitengi SUPREME COURT JUDGE T. A. Kabalatf^uS^^ A/SUPREME COURT JUDGE 2