Simugala v People (SCZ Appeal 107 of 1993) [1993] ZMSC 73 (5 October 1993)

ih ths supre^ cm; of Zambia sez Appeal ?&. io; of wo3 HOLDSl AT LUSAKA (Criminal Jurisdiction) TEZE SI^JGALA Appellant vs THE PEOPLE Respondent CORAM: Sakai a, Chai la and Jiuzyamba JJJ. S. For the appellant : In Person For the Respondent : Mr. L. Huuka, Assistant Senior State Advocate 5th October, 1993. JUD6HEHT Chai la, J. S. delivered the judgment of the court. The appellant was charged with the offence of aggravated assault with Intent to steal contrary to Section 295 of the Penal Code. The particulars of the offence were that, he, on 4th December, 1991 at Kafue tn the Lusaka District of the Lusaka Province of the Republic of Zambia, while armed with a screw­ driver and a knife did assault Brighton Kalumba with intent to steal from the said Brighton Kalumba. He was prosecuted successfully and after being convicted of the offence he was sentenced to ten years imprisonment with /2...hard labour J2 - hard labour. He appeals to this court against sentence only. In his mitigation, he has urged this court to be lenient with him since he was a first offender and that he was the only source of income for his family, and was a school going boy. He fears that if he stays In prison which he calls a den of criminals he will develop bad habits. The offence which he committed provides for a minimum sentence of ten years and the learned trial judge gave him the minimum sentence. No appeal lies against the minimum sentence. The appeal is therefore dismissed. E. L .“"s’alca Ta SUPREME COURT JUDGE M. S. Chaila SUPREME COURT JUDGE W. M. Muzyamba SUPREME COURT JUDGE