In this case, Stanley Kangwa, a businessman, and Moses Chengo, a general worker, both of Kaloko Township in Ndola, were charged with stock theft.
Facts in the matter are that on February 7, 2020, the duo while acting together in Ndola, stole a goat valued at K500, the property of Hussen Ali.
When the case came up before the Ndola Magistrate Court, Kangwa and Chengo pleaded guilty and were convicted accordingly.
The two were committed to the High Court for sentencing.
According to the trial Magistrate, the minimum sentence for the offence exceeded the maximum sentencing power of the subordinate court which was pursuant of section 9 and 217 of the Criminal Procedure Court (CPC) Cap 88 of the Laws of Zambia.
However, when the matter was called before Ndola High Court for sentencing, Judge Yvonne Chembe said the court should have sentenced the two as it was within the mandate of the subordinate court.
She, however, stated that taking back the matter to the lower court for sentencing was delaying justice.
Judge Chembe then sentenced Kangwa and Chengo to 24 months each with hard labour.
In mitigation through their defence counsel, Kangwa and Chengo told court that they were first offenders who were remorseful for their actions.
In sentencing the two, judge Chembe said she had noted the mitigation and that Kangwa and Chengo were remorseful and did not waste the court’s time by readily pleading guilty.
“I will proceed to sentence the duo as sending back the case to the Magistrate court will be delaying justice. However, this offence is serious and so I will sentence the two to 24 months imprisonment each with hard labour,” said Judge Chembe.