Kayumba v People (SCZ Appeal 62 of 1993) [1993] ZMSC 66 (21 April 1993)

IN THE SUPREME COURT OF ZAMBIA SCZ Appeal No, 62 of 1993 HOLDEN AT KABWE (Criminal Jurisdiction) LAWRENCE KAYUf^A Appellant vs THE PEOPLE Respondent CORAM: Sakaia, Chai la and Muzyamba JJJ. S. 21st April, 1993 For the appellant, Mr. N. B. Nanguzyambo, Assistant Senior Legal Aid Counsel 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 seven counts of causing death by dangerous driving. After trial he was convicted on all seven counts. The particulars in all seven counts were that on 5th day of December 1990 at Kabwe the appellant caused the death of various people by driving dangeriously a motor vehicle namely Benz Truck with a trailer in a manner which was dangerous to the public. He was sentenced to 30 months imprisonment with hard labour. An order was made to have his licence suspended. He now appeals to this court against sentences only. Mr. Nanguzyambo, on behalf of the appellant, has advanced various arguments. Mr. Nangumbo has informed the court that the appellant was a first offender and that one of the victims of the accident was the appellant's own son. He has urged the court to take this double tragedy Into account in considering the appeal against sentence. The facts showed that the appellant was not only dangerous but was /2... very reckless - J2 - very reckless. As the learned trial judge pointed out when sentencing him, the surrounding circumstances were quite aggravating. Although the appellant was a first offender, this is a case where a acustodlal sentence or punishment is called for. We agree with the sentiments expressed by the learned trial judge. The facts of the case were quite aggravating. We have taken into account the facts of the case and that one of the victims was his son. The sentence of 30 months imprisonment with hard labour does not come to us with a sense of shock and it Is not wrong in principle. For the foregoing reasons we find that the learned trial judge was right in passing a custodial sentence and we cannot interfere with that sentence. The appeal Is therefore dismissed. We understand the man was on bail. The bail is cancelled and the appellant should start serving the custodial sentence with Immediate effect. E. L. Sakala SUPREME COURT JUDGE M. S. Chaila SUPREME COURT JUDGE W. M. Muzyamba SUPREME COURT JUDGE