Sindandula v People (SCZ Appeal 43 of 1993) [1993] ZMSC 55 (6 April 1993)

IN THE SUPREME COURT OF ZAMBIA SCZ Appeal No. 43 of 1993 HOLDEN AT LUSAKA (Criminal Jurisdiction) VENUS NYAMBE SINDANDULA Appellant vs THE PEOPLE Respondent CORAM: Sakala, Chaila, and Chirwa JJJ. S. 6th April, 1993. Mr. M. H. A. Samad, Senior Legal Aid Counsel for the appellant Mr. L. N. Muuka, State Advocate for the respondent. JUDGMENT Chaila, J. S. delivered the judgment of the court. The appellant together with another person were charged with murder and after trial the appellant was convicted of manslaughter and was sentenced to 9 years imprisonment with hard labour. The co-accused was acquitted and was set at liberty. Mr. Samad Counsel for the appellant informed the court that he was abandoning an appeal against conviction and argued on sentence only. Briefly the facts were that the appellant on the material date attended an initiation ceremony in the village. The ceremony was attended by many villagers including the deceased person and co-accused. Later as a result of an argument between the deceased and his wife the fight ensued between the appellant and his brother the co-accused on one hand and the deceased. The fight ended in the deceased being stabbed with a knife and the deceased died as result of the stabbing. In the High Court the co-accused was acquitted on the ground that there was no common intent for the two accused persons to use the knife and the appellant was convicted /2,..of manslaughter. - J2 - of manslaughter on the ground that malice-afore-thought had not been established. In arguing the appellant's case for reduction of sentence Mr. Samad has urged the court to take into account the fact that the deceased abused the appellant's sister by calling her a prostitute in their presence and that the deceased was the first person to attack the appellant and as a result of the attack the appellant was provoked. He has further informed the court that the appellant was very sorry for losing his bother in law and he is further apologetic for what happened. The facts show that a dangerous weapon 'okapi' knife was used. We have taken into account Mr. Samad's mitigation and the facts. The sentence of 9 years imprisonment does not come to us with a sense of shock. We find therefore that there is no merit in this appeal against sentence. The appeal is therefore dismissed. E. L. SAKALA SUPREME COURT JUDGE M. S. CHAILA SUPREME COURT JUDGE D. K. CHIRWA SUPREME COURT JUDGE