Cop, five others jailed 9 months for aggravated robbery

The Lusaka High Court yesterday jailed a police officer and five others for 9 months imprisonment with hard labour for aggravated robbery.

High Court Judge Sharpe Phiri jailed Emmanuel Mubanga 41 Police officer of Lusaka and businessman Elvis Mainza 35, Lenox Kangwa 36,and Ephet  Munyese 34 after they were convicted on three counts of aggravated robbery.

In count one, Mubanga and five others on October 2 2013 in Lusaka jointly and while acting together and with armed pistols stole a motor vehicle Toyota Windom registration No.ALF 8555 and K3,100 altogether valued at K 43,100 the property of Kamitondo Simakando.

On count two, the six accused persons on the same day robbed Chengi Chitengi of K 150 cash while in the third count they stole a cell phone valued at K 1,970 from Liywali Liboma at gun point.

The six accused were arrested on October 11 2013 and were later committed to Lusaka High Court for trial

In their defence the six claimed that the charge of aggravated robbery was unfounded, malicious and vexatious.

But in mitigation the accused  asked the court to exercise leniency as they are first offenders and  are bread winners and that they have learnt a lesson while they have been in jail.

Judge Phiri said she had considered their mitigation as first offenders and for not wasting the court’s time by admitting the charges and sentenced them to 9 months imprisonment with hard labour from the day they were arrested.

This means that the six were now free.

3 thoughts on “Cop, five others jailed 9 months for aggravated robbery

  1. Section 294.of the Penal Code states that ” (1) Any person who, being armed with any offensive weapon or instrument, or being together with one person or more, steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony of aggravated robbery and is liable on conviction to im-prisonment for life, and, notwithstanding subsection (2) of section twenty-six, shall be sentenced to imprisonment for a period of not less than fifteen years.” So how did the judge sentence these criminals to only 9 months? Which law did she apply? my reading of the of the case is that these criminals used a pistol (firearm) and stole a motor vehicle. Even if they did not waste the Courts time, the judge could not imprison them for a period of less than 15 years.

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