Wedy Sikazwe v The People (Appeal 30 of 2007) [2007] ZMSC 59 (10 April 2007)

IN THE SUPREME COURT OF ZAMBIA SCZ APPEAL NO. 30/2007 HOLDEN AT KABWE (CRIMINAL JURISDICTION) BETWEEN WEDY SIKAZWE (cid:9) APPELLANT AND THE PEOPLE (cid:9) RESPONDENT Coram: Sakala, CJ., Chibesakunda and Mushabati JJS 10th April, 2007. For the Appellant: Mr. E. M. Sikazwe, Ag. Director, Legal Aid. For the Respondent: Mr. P. Mutale, Principal State Advocate. JUDGMENT Chibesakunda, JS., delivered the Judgment of the Court. The original appeal was against both Conviction and Sentence; but the Acting Director of Legal Aid has informed the court that the appeal is against sentence only. The Appellant pleaded guilty to the charge of defilement of a girl under the age of 16 years, contrary to Section 138(1) of the Penal Code, Chapter 87 of the Laws of Zambia. The facts presented to the court were that, the Appellant, who was a step father to the prosecutrix, forced and defiled her on more than two occasions, the first time in the field and second and third time in his own house. On the third occasion, he was caught red handed defiling this step daughter. The matter was reported to the Police. He was then arrested and appeared before Court and on a plea of guilty, he was convicted of the subject offence. The Subordinate Court committed the matter to the High Court as the Court felt that it did not have jurisdiction to impose a stiffer punishment. The High Court sentenced him to 20 years Imprisonment with Hard Labour and hence this appeal before us. We have looked at the sentence and have taken into account the stance taken by the learned State Advocate that 20 years Imprisonment with Hard Labour should not come to this Court with a sense of shock considering that this offence is very prevalent in Zambia and that the courts have been sending messages that the offence is a total departure from the moral fabric of our society. However, taking into account that he readily admitted the charge, and was very remorseful, and taking into account that he was the first offender, we quash the sentence of 20 years Imprisonment with Hard Labour and substitute it with 1.7 years Imprisonment with Hard Labour effective from 31st January, 2006. • E. L. Sakala CHIEF JUSTICE L. P. Chibesakunda SUPREME COURT JUDGE C. S. Mushabati SUPREME COURT JUDGE /rmc