People v Namukolo (HP 163 of 2017) [2017] ZMHC 483 (29 August 2017)

IN THE HIGH COURT FOR ZAMBIA (cid:9) AT THE PRINCIPLE REGISTRY HOLDEN AT LUSAKA (Criminal Jurisdiction) HP H4GHCQ O/> THE PEOPLE VS BRIGHT NAMUKOLO Before the Honourable Mr. Justice C. Chanda in Open Court on the 29th day of August, 2017. For the People: Ms Besa, State Advocate National Prosecutions Authority. For the Accused: Mrs Liswaniso, Legal Aid Counsel SENTENCE BRIGHT NAMUKO1O, the Accused person herein stands charged with one count of Murder contrary to Section 200 of the Penal Code Chapter 87 of the Laws of Zambia. Particulars of the offence alleged that, BRIGHT NAMUKOLO on the 261h day of August, 2016, at Lusaka in the Lusaka District of the (cid:9) (cid:9) S2 Lusaka Province of the Republic of Zambia, jointly and whilst acting together did murder ROBBY TEMBO. In mitigation, Learned Defence Counsel submitted that the Convict was 20 years old youthful with one child and responsible for his siblings. That he was a first offender and deserving lenience. He has been in custody from 27th August 2016 and has learnt a lesson. He now understands the act as he did. He is remorseful and asks for mercy. He has since repented and wishes to live a crime free life. He wishes to become an ambassador of peace to help his friends. He has since changed and begs this Court's maximum lenience as he remains at your mercy. I am moved with what has been pleaded on your behalf especially with your changed life after repenting of your former ways. It is however for anyone to judge for themselves as to whether such repentance was indeed exhibited in this Court. And if indeed you have repented, I am happy for you because you are going to help others in correctional facilities to repent and find the Lord. As a first offender who is a youth and who is remorseful I shall exercise my lenience. I hereby sentence you BRIGHT NAMUKOLO S3 to fifteen (15) years imprisonment with hard labour with effect from 27th August 2016 the date of your arrest. Convict reserves the right of appeal to the Court of Appeal within 14 days from today. Delivered at Lusaka this 29th day of August, 2017. JUDGE (cid:9) ) N. 6>