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Law Issues Essay

3869 words - 16 pages

IN THE SUPREME COURT OF UNZA CRIMINAL APPEAL NO. 16 of 2012

HOLDEN AT THE MAIN CAMPUS AT LUSAKA
IN THE MATTER BETWEEN:
KABWE NDUNDU APPELLANT
AND
THE PEOPLE RESPONDENT

-------------------------------------------------
BRIEF FOR THE RESPONDENTS
-------------------------------------------------

Filed by: SINKALU STEVE M. M ESQ
SIANSUMO MODRINE ESQ

DPP Chambers
LUSAKA.

ADVOCATES FOR THE RESPONDENT

TO: SAKALA TISANGECHI ESQ
SALAMU BWALYA M ESQ

Legal Aid
LUSAKA.

ADVOCATES FOR THE APPELLANT

IN THE SUPREME COURT OF UNZA ...view middle of the document...

GROUND TWO
We concede that the learned trial judge was not on firm ground when he sentenced the appellant to death by hanging without taking into account the age of the appellant.

IN THE SUPREME COURT OF UNZA CRIMINAL APPEAL NO. 16 of 2012

HOLDEN AT THE MAIN CAMPUS
IN THE MATTER BETWEEN KABWE NDUNDU APPELLANT
AND
THE PEOPLE RESPONDENT
-------------------------------------------------

-------------------------------------------------
RECORD OF PROCEEDINGS IN THE COURT BELOW
Kabwe Ndundu was a boy aged 12 living in a compound known as Chunga in Lusaka, Zambia. He used to go to school at Lusaka boys school until grade 7 when his parents died from HIV related illnesses. Being an orphan as it were, he thought the world would be very kind to him and lenient on anything that he would do after he was vulnerable. He decided to leave his guardians’ home in pursuit of an easy life with friends on the street and was soon known as a street kid.
One day, he got involved in a case of aggravated robbery. Two of his friends were recruited by some adults who are well known criminals to assist in identifying and later accessing homes of rich people for purposes of stealing valuables. He really did not know what was involved; at least he claimed so.
On the 15th of February, 2002, there was robbery in a house belonging to Mr. And Mrs Kombe. The group entered and stole household items worth 60 billion Kwacha from the farm in makeni area of Lusaka. To gain entry, Kabwe was told he was being taken to visit some important people in the area and that the said people were actually expecting him. However, he needed to show that he was a vulnerable person in order for those people to help him out. He got very excited about this although deep down he was wondering why he had to be taken for the visit in the night. On the material day, the group arrived in the area and Kabwe was left alone by the gate to the farm. The others including people he did not know who were in the company went to the hide. This was around 23 hours. Some people passing by saw a young man standing by this gate and. Asking him why he was standing outside the yard at such a late hour, Kabwe said he was just having some fresh air. Time passed and it was midnight. He went stealthily to the door and knocked. It had been drizzling so he was wet and cold. The woman who answered the door invited him in and made him something to keep him warm before she could ask for more information. She then decided to just let him sleep and together husband decided that they would take him to social welfare at day break.
When they were fast asleep, the group that had gone into hiding came out and knocked lightly on the door instructing Kabwe to wake up and open the door which he did. The owner of the house heard some noises and decided to check what was going on. No sooner had he gone out than he was attacked with a panga; the...

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