CHILOMBA v THE PEOPLE (1974) Z.R. 151 (S.C.)
DOYLE, C.J., BARON, D.C.J., AND HUGHES, J.S.
9TH JULY, 1974
S.C.Z. JUDGMENT NO. 26 OF 1974.
Criminal Law - Attempting to cause death contrary to s. 215 of the Penal Code - No unequivocal finding of actual intention to kill - Whether conviction possible. Criminal Procedure - Minor offence -Section 181 of the Criminal Procedure Code- Whether s. 224 of the Penal Code minor offence in relation to s. 215 of the Penal Code.
The appellant was convicted of attempting to cause death contrary to s. 215 of the Penal Code. The learned judge held that following some kind of difference the appellant had armed himself with three spears and attacked the complainant. The only question that arose for decision in this appeal was whether the appellant was correctly convicted of attempting to cause the death of the complainant or whether he should have been convicted of a lesser offence, namely an offence under s. 224 of the Penal Code. Held:
As there was no unequivocal finding by the trial judge that there was an actual intention to kill the conviction for attempting to cause death contrary to s. 215 of the Penal Code cannot stand . (ii)
Although s. 224 of the Penal Code is to some extents a less serious offence than an offence under s. 215 of the Penal Code, it is not a minor offence within the meaning of s. 181 of the Criminal Procedure Code because offences under the two sections are both felonies and carry the same maximum sentence. Cases referred to:
Yanyongo v The People 1974 Z.R. 149.
Charles Phiri v The People 1973 Z.R. 168.
Legislation referred to:
Penal Code, Cap. 146, ss. 215, 224 and 229.
Criminal Procedure Code, Cap. 160, s. 181.
For the appellant:
M.S. Kapumpa, Legal Aid Counsel.
For the respondent:
P. Lisulo, State Advocate.
BARON, D.C.J.: delivered the judgement of the court. The appellant was...
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