Kalunga v The People (SCZ Appeal No. 14 of 1993) [1993] ZMSC 140 (3 March 1993)

IN THE SUPREME COURT OF ZAMBIA SCZ Appeal No. 14 of 1993 HOLDEN AT NDOLA (Criminal Jurisdiction) RAPHAEL KALUNGA Appellant vs THE PEOPLE Respondent CORAM: Sakala, Chai la and Chirwa JJJ. S. For the appellant in person Mr. S. A. G. Twumasi, Assistant Senior State Advocate, for the respondent 3rd March, 1993. JUDGMENT Chai la, J. S. delivered the Judgment of the court. This appeal is against sentence only. The appellant was charged with manslaughter. The appellant pleaded guilty to manslaughter and the particulars of the offence were that he on 25th August, 1991, at Serenje in the Serenje District of the Central Province of the Republic of Zambia, unlawfully caused the death of Amos Mwape Lyowa. The facts show that he had a sick brother. He went to the deceased person and asked him to administer some herbs to the sick brother as the appellant suspected that the deceased bewitched his brother. The appellant later pulled the deceased from the shelter, took him to the road side and started beating him. He did not use any weapon. Later the deceased could not walk and sustained injuries on the face which was covered with blood. He became unconscious. Later the deceased died. The /2...appellant was * J2 - appellant was sentenced to 9 years Imprisonment with hard labour. We have noted that there was no weapon used In the matter and the sentence of 9 years comes to us with a sense of shock. The appeal is allowed, the sentence of 9 years is set aisde and in its place we impose a sentence of 4 years imprisonment with hard labour from the date of arrest. E. L. Sakala SUPREME COURT JUDGE M. S. Chaila SUPREME COURT JUDGE D. K. Chirwa SUPREME COURT JUDGE