Nkhata and Anor v People (SCZ Appeal 91 of 1999) [1999] ZMSC 108 (8 September 1999)
The sentences of 15 years imprisonment with hard labour were excessive for first offenders who pleaded guilty. The sentences were set aside and replaced with 10 years imprisonment with hard labour.
Source-derived case information.
- Citation
- [1999] ZMSC 108
- Parties
- Appellant: Lyton Nkhata; Appellant: Anthony Ngulube; Respondent: The People
- Court
- Supreme Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- SCZ Appeal 91 of 1999
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Trafficking Psychotropic Substances, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lyton Nkhata
Appellant
Anthony Ngulube
Appellant
The People
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the sentence of 15 years imprisonment with hard labour was excessive for first offenders who pleaded guilty to trafficking psychotropic substances
Ratio Decidendi
The sentences of 15 years imprisonment with hard labour were excessive for first offenders who pleaded guilty. The sentences were set aside and replaced with 10 years imprisonment with hard labour.
Court Disposition
appeal allowed
Orders
- Sentences of 15 years imprisonment with hard labour set aside
- Appellants sentenced to 10 years imprisonment with hard labour with effect from 10th January, 1998
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF ZAMBIA HOLDEN AT NDOLA (Criminal Jurisdiction) SCZ APPEAL NOS. 91(A) & 91(B) OF 1999 BETWEEN: LYTON NKHATA ANTHONY NGULUBE APPELLANTS Vs THE PEOPLE RESPONDENTS Coram: Bweupe, DCJ; Chaila, Muzyamba, JJS 8th September, 1999 For the Appellants : Mr. W. S. Chirambo, Acting Deputy Director, Legal Aid. For the Respondents: Mr. R. O. Okafor, Principal State Advocate. Chaila, JS delivered the Judgment of the court. JUDGMENT The appellants were convicted by the Subordinate Court on a charge of Trafficking Psychotropic Substances, contrary to Section 6 Cap. 96 of the Laws of Zambia. The appellants were sent to the High Court for sentencing. The High Court sentenced them to 15 years imprisonment with hard labour from 10th January, 1998. In the lower court they had pleaded guilty to the charge. Counsel for the appellants Mr. Chirambo has pleaded leniency on their behalf. He has told us that the appellants were first offenders who - J2 - pleaded guilty to the charge. They did not waste court’s time. He has argued that the 15 years imprisonment with hard labour is on a higher side and should come to this court with a sense of shock. It is true that the appellants pleaded guilty and were first offenders. We agree with the counsel that they are entitled to some leniency. The offence carries a maximum sentence of 25 years. We agree with Mr. Chirambo’s submission that the sentences of 15 years are too excessive for the appellants who were first offenders and who had pleaded guilty to the offence. The appeal is allowed. The sentences of 15 years imprisonment are set aside. We impose sentences of 10 years imprisonment with hard labour with effect from 10th January, 1998. B. K. BWEUPE DEPUTY CHIEF JUSTICE M. S. CHAILA SUPREME COURT JUDGE W. M. MUZYAMBA SUPREME COURT JUDGE