Susu v People (SCZ Appeal 59 of 1993) [1993] ZMSC 57 (20 April 1993)

IN THE SUPREME COURT OF ZAMBIA SCZ Appeal No. 59 of 1993 HOLDEN AT KABWE (Criminal Jurisdiction) AARON LOCARD SUSU Appellant vs THE PEOPLE Respondent CORAM: Sakala Chaila and Muzyamba JJJ. S 20th April, 1993. For the appellant : In person For the respondent : Mr. E. Sewanyana, Assistant Senior State Advocate JUDGMENT Chai la, J. S. delivered the judgment of the court. The appellant was charged with the offence of aggravated robbery. The particulars were that, he, on the 23rd day of August, 1986 at Kabwe in the Kabwe District of the Central Province of the Republic of Zambia, did steal K200.00 cash from Christine Simpemba and at or immediately before or immediately after the time of stealing the said property did use or threaten to use actual violence to the said Christine Simpemba in order to prevent resistance to its being stolen. Briefly the facts of the case were that on the material date around 17 hours the complainant Mrs. Christine Simpemba was walking from the local bus stop. On the way she was grabbed by the neck. She looked at the man who grabbed her and recognised the person as the person she knew and this was the appellant. She was after being grabbed forced to part with the money she had, the sum of K200, after being threatened with a knife. The appellant got away with the money and was commanded to run away or she was going to be killed. She ran away and reported to the neighbours as to what happened. She ran to the next village where she further narrated the story. /2.... The following - J2 - The following morning the complainant identified the appellant at the village headman's house, where it was alleged that the appellant pleaded with the complainant and promised to pay the money. The sum of K50 was produced and he promised to pay back the rest. The village headman approached the appelant1s uncle and later reported the matter to the police. After investigations the man was charged with this offence. He has filed four grounds of appeal and in all his grounds he is complaining that the learned trial Judge erred in accepting the evidence of the complainant regarding proper identification. He has complained that when he was identified by the complainant, he was in handcuffs and that it was easy for the complainant to Identify the appellant. He has further complained that the prosecution failed to produce evidence before the court or bring his uncle. The evidence before the lower court was very clear. Apart from the complainant having known the attacker before, there is the evidence that the man when confronted at the village headman's home, offered to pay back the money. The complaint that he was not properly Identified cannot stand. The learned trial judge analysed the evidence before him and came to the conclusion that the appellant was properly identified. We see no merit in this appeal against conviction. The appeal against conviction is therefore dismissed. There lies no appeal against the minimum sentence. E. L. SAKALA SUPREME COURT JUDGE M. S. CHAILA SUPREME COURT JUDGE W. M. MUZYAMBA SUPREME COURT JUDGE