Shadreck Mhango v People (Appeal No. 108/1986) [1987] ZMSC 97 (15 September 1987)

IN THE SUPREME COURT OF ZJ. MBIJ. J.ppeal N~ 108/1986 J. T NDOLJ. (Criminal Jurisdiction) IN THE MJ. TTER BETWEEN1 SHJ. DRECK MHJ. NGO 4PPELL4NT THE PEOPLE RESPONDENT I. ND CORI. Ml Ngulube, D. C. J,, Gardner and Sakala, JJ. S. 15th September, 1987 C> For the J.ppellant I For the Respondent t In Person J. M. Mwanachonga, Senior State l,dvocate J U D G M E N T Ngulube, D,C. J. delivered the Judgment of the court,. The appellant was tried and convicted on a charge of aggravated robbery. The particulars were that on lat December, 1985, jointly and whilst acting together with another person unknown, he stole a pair of shoes and K22 cash from the complainant, and that at the time violence was applied against the complainant. There was no doubt whatsoever that on the night in question, the appellant and another person staged the robbery when they grabbed the complainant and beat her up and took her property. Unfortunately for the appellant, the complainant got hold: - ~ of him and hung on to him whilst calling for help. The appellant was, as the saying goes, caught in the act. He received the mandatory minimum sentence of fifteen yeara and he appeals to this court against such :sentence. We wish to take this opportunity to remind persons convicted of this offence that, with the possible exception of juveniles, they are all liable to receive a 2/ ••••••••.••••••• mandatory t J2 t mandatory minimum sentence of at least fifteen years imprisonment. No appeal can lie against a sentence which is fixed by law because anything less than fifteen years would be an unlawful sentence. The appeal in this respect was incompetent and misconcieved. We suggest further that in future the Master of the Supreme Court should not even accept such appeals. The appeal is dismissed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • M. S, Ngulube DEPUTY CHIEF JUSTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B,T. Gardner SUPREME COURT JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E,L. Sakala SUPREME COURT JUDGE Q