NDOLA High Court Judge Yvonne Chembe has sentenced two men to 24 months imprisonment with hard labor for stealing a goat.
This is in a case where 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 were 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 was before the Ndola Magistrates’ Court, Kangwa and Chengo pleaded guilty and were convicted accordingly.
The two were committed to the High Court for sentencing because, according to the presiding 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) 88 of the laws of Zambia.
But when the matter was called before Ndola High Court for sentencing, Judge Yvonne Chembe said the lower court should have sentenced the two as it was within the mandate of the subordinate court.
She, however, said 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.
She said that she had noted the mitigation and that Kangwa and Chengo were remorseful and did not waste the courts 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.