Chibangu v People (Appeal 152 of 1985) [1987] ZMSC 85 (15 September 1987)

IN THE SUPREME COURT OF ZAMBIA Appeal No 152/1985 AT MDOLA (Criminal Jurisdiction) IN THE MATTER BETWEENi ROBERT CHIBANGU APPELLANT AND THE PEOPLE RESPONDENT CORAM: Ngulube, D. C. J., Gardner and Sakala, JJ. S. 15th September, 1987 For the Appellant i M. Chitabo, Mwanawaaa and Company For the Respondent : J. K. Mwanachonga, Senior State Advocate JUDGMENT Ngulube, D. C. J., delivered the Judgment of the court. The appellant pleaded guilty to a charge of theft contrary to section 272 of the Penal Code. The particulars were that on 31st August, 1984 at Kafue, he stole ten tho^h^nd litres of paraffin the property of Nitrogen Chemicals of Zambia. He was sentenced to two years imprisonment with hard labour which, on appeal, was reduced to twelve months, the learned appellate commissioner being of the impression that the appellant was facing two counts. On the hearing of this appeal, counsel applied Vo abandon the ground which attacked the conviction and in which the appellant was putting forward two contradictory and inconsistent allegations. One allegation was that the police forced him into pleading guilty while the other allegation was that the learned trial magistrate wrongly entered a plea of guilty when what he had said amounted to a plea of not guilty. There was very little merit in that line of argument, and Mr. Chitabo very properly abandoned this ground of appeal. We accept this abandoment. Mr. Chitabo has also advanced on behalf of the appellant a moving plea In mitigation. He points out that the learned trial commissioner had intended to exercise none leniency than was shown had the learned 2/ commissioner t J? J commissioner realized that the appellant only had one charge* He has also pointed out that the appellant had for thirty-nine years lived a clean life) he has family obligations! and that the protracted proceedings have had an effect on hist. The appellant is currently working for another employer and has asked us to give him a chance to turn over a clean leaf* We have taken this very able mitigation into account and though theft la an intrinsically serious matter, we take into account that in the circumstances of thia particular appellant and the facta of this particular case there is room to give the appellant another chance. The appeal against the effective sentence oftwelve months in relation to the one count only is allowed to the extent that we suspend the whole of the sentence for a period of two years on condition that within that period the appellant should not . commit any offence involving dishonesty. M. S. Ngulube DKPUTT CHIEF JUSTICE B. T. Gardner SUPREME COURT JUDGE E. L, Sakala SUPREME COURT JUDGE