Moono v People (Appeal 84 of 1985) [1987] ZMSC 45 (11 August 1987)

IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 84 OF 1985 HOLDEN AT LUSAKA (Criminal Jurisdiction) BETWEEN: SOLOMON MOONO Appellant vs THE PEOPLE Respondent CORAM: Ngulube, D. C. J., Gardner and Sakala JJ. S 11 August 19B7 For the Appellant : In person For the Respondent : Mr. K. C. Chanda, Senior State Advocate J U D G ME N T Sakala, J. S. delivered the judgment of the court. The applicant was sentenced to ten years imprisonment with hard labour following upon his conviction for the offence of manslaughter. The particulars of the offence alleged that on the 6th of April 1983 at Choma he unlawfully caused the death of Munaphaka Muluko. The brief facte which were common cause were that on the 6th of April 1983 the deceased and his wife, PW2, were at e beer party. The applicant approached the deceased end asked for some tobacco. The deceased did not give him; the applicant then started quarreling with the deceased. The quarrel ended. Later the deceased and hla wife left the beer party for their village. As they were going home the applicant followed them. On the way while the deceased was in front, the applicant proposed love to the deceased’s wife. He grabbed PIU2, the deceased’s wife, and tried to take her into the buah. The deceased turned back and asked where the J2 applicant was taking his wife. Thereafter the applicant hit the deceased’s wife, ahe fell to the ground and again the applicant hit the deceased with a atone on the head and the face. The deceased sustained some Injuries from which he later died at Chuma Hospital on arrival. The applicant gave no evidence In hie defence. The learned trial judge found that it was the applicant who assaulted the deceased and that the applicant caused the death of the deceased. Thereupon the applicant was sentenced to ten years. He filed two written grounds of appeal complai­ ning of the severity of that sentence, tde note from the facts we have just cited that the applicant was himself the aggressor. He took up a quarrel with the deceased, when the deceased refused to give him some tobacco. He had the audacity of following the deceased and his wife and at the same time proposed love to the deceased's wife in his presence. When the deceased protested „he assaulted his wife and later hit the deceased with a stone and thereafter ran away. We disapprove of the applicant's conduct and a sentence of ten years on the facts of this case does not come to us with a sense of shock. The application is, therefore, refused. M. M. 5. Ngulube DEPUTY CHIFF JUSTICE 0. T. Gardner SUPREME COURT JUDGE E. L. Sgkala SUPREME COURT JUDGE