Gama v People (Appeal 77 of 1986) [1987] ZMSC 61 (3 November 1987)

IN THE SUPREME COURT OF ZAMBIA Appeal No. 77 of 1986 HOLDEN U! (Criminal Jurisdiction) PETER GAMA V THE PEOPLE Appellant Respondent CORAM: Ngulube. D. C. J., Gardner. J. S.,and Bweupe, Ag. J. S., E. N. Muyovwe. Asst. Senior Legal Aid Counsel, for the appellant K. C. Chanda. Senior State Advocate, for the respondent 3rd November, 1987 JUDGMENT Gardner, J. S., delivered the judgment of the court. The appellant was convicted of aggravated robbery; the particulars of the offence being that he together with other people jointly and whilst acting together did steal one purse and other personal property including one pair of shoes from Stella Chimbamba and at or Inraediately before the time of such stealing did use Or threaten to use violence. The prosecution evidence was that the ^complainant was attacked by a gang of men who, stole her purse and her shoes. The evidence against the appellant was that he had sold the shoes which had been stolen ffom the complainant to one of the prosecution witnesses. This evidence was corroborated by a ^confession statement made by the appellant and admitted in the trial court. The confession statement made by the appellant was that he had been present when the other men attacked and stole from the complainant, and that he had subsequently the shoes from one of the attackers and sold those shoes to the prosecution witness. There was no other evidence against the appellant to suggest that he took part in the attack against the complainant. For this reason Mr. Chanda on behalf of the State has himself properly indicated that the State does not support the conviction for aggravated robbery. 2/Hr. Muypvwe............. Hrs. bMyovweon behalf of tthe appellant has supported this argument that the cconvlctlon for that offence cannot stand but has accepted that, because of the appellant's own admission of dealing with the shoes, he should properly be convicted of receiving stolen property. We accept both submissions of counsel. The appeal against conviction for aggravated robbery will be allowed. That conviction will be quashed and the sentence set aside. We substitute a conviction for receiving stolen property Contrary to section 318(1) of the Penal Cede. We sentence the appellant to four years imprisonment with hard labour with effect from the 28th November, 1984. M. S. Ngulube Deputy Chief Justice 8. T. Gardner Supreme Court Judge E. L. Sakala Supreme Court Judge