R v Sandongo Malicopo Lumbala (Criminal Review Case 86 of 1938) [1938] ZMHCNR 11 (31 December 1938)

[Vol. II R . v. SAN D ON G O M ALICOPO LUM BALA. Criminal R eview Case No. 86 of 1938. Escape— con. Penal Code section 101—severity of sentence—sentence reduced on review. Any person who, being in lawful custody, escapes from custody, is guilty o f a misdemeanour (Penal Code section 101). The maximum punishment for this offence is imprisonment for a term not exceeding tw o years or a fine or both imprisonment for such term and a fine (Penal Code section 40). In the judgment hereunder the Court expresses an opinion as to a proper sentence for an unplanned escape. See also B. v. Mooto 1 N . R. L. R. 127. F ra n cis, C . J.: Imprisonment with hard labour for twelve months for escape from lawful custody is a very severe sentence under any cir­ cumstances. Where the offence is committed by a person o f a low order o f intelligence “ from a gang cutting poles behind the garden ” o f any prison in Northern Rhodesia, the sentence in my view is harsh and unconscionable. If, as is shown to be the case, the accused had a predisposition to escape, why does the prison authority offer him encouragement thereto b y extramural employment ? I am unable to allow this sentence to stand and set aside the con­ firmation order o f the Provincial Commissioner. The sentence is reduced to three months I. H . L . consecutive to any sentence at present being served.