Nyoni v People (Appeal 7 of 1986) [1987] ZMSC 59 (7 October 1987)

IN THE SUPREME COURT OF ZAMBIA Appeal No. 7 of 1986 HOLDEN AT LUSAKA (Criminal Jurisdiction) STEVEN NYONI Appellant - v - THE PEOPLE Respondent CORAM: Ngulube, D. C. J., Gardner and Sakala, JJ. S. Mrs E. N. C. Muyovwe, Assistant Senior Legal Aid counsel, for the appellant Mr. K. C. Chanda, Senior State Advocate, for the respondent 7th October, 1987 JU D G M E N T Ngulube, D. C. J., delivered the judgment of the court. The appellant appeared before us on 14th July this year for his appeal in a case of aggravated robbery in which a sentence of fifteen years imprisonment with hard labour had been imposed upon him. He has already lost the appeal on the question of guilt. However, it turned out that the appellant was a juvenile at the time of the offence and for that reason we set aside the sentence of fifteen years and reserved the question of sentencing to today. We have received a welfare report and have considered the proposals contained in it. We have also taken into account the circumstances of this particular case including the fact that the appellant has already languished in custody for quite sometime. We have accepted the recommendation that the appellant be placed on probation for a period of three years with effect from today. The appellant understands the nature of the order that we are making and has indicated that he is willing to abide by such order. We therefore order that the appellant be on probation for the period aforesaid under the supervision of Mr. C. S. Chintu, Probation Officer in Lusaka who is hereby granted liberty to determine the appellant's place of residence and other such matters. The appellant will accordingly now go on probation. J2 M. S. Ngulube DEPUTY CHIEF JUSTICE B. T. Gardner SUPREME COURT JUDGE E. L. Sakala SUPREME COURT JUDGE