Assignment 1 (Due date 17th October)

Honourable Sebastian Mwenya, a Magistrate at Kabwe Magistrate Court had his chiicke run
broken into several times and had lost a lot of his broiler chickens in this manner. Despite
being aggrieved, he never reported the matter to the Police. On the fateful day, he was
allocated a matter of burglary in which John Mbewe, had broken into the Chicken run of his
neighbor around midnight so that he could steal chickens in order to have a braai to celebrate
his forthcoming nineteenth birthday. In a fully packed court room, the Magistrate mindful of
the fact that he had suffered a similar incident in the past, and with a view to deterring would
be offenders never hesitated to slap a five-year sentence on the accused after he had pleaded
guilty in the presence of his friend who had attended the court proceeding. The Court refused
to grant the accused leave to appeal and sent him to Mukobeko Prison so that he would learn
a lesson. The accused cried knowing that his career as a first class grade 12 student had come
to an end.

You have been approached as legal aid counsel to assist the now convict because his brother
feels justice did not prevail. Kindly advise on the necessary grounds of appeal or any
anomalies noted if any on the part of the Court. Further, if you feel the Court was on firm
ground, kindly support your answer. [20 Marks]

Assignment 2 (Due date 27th October)

Mr. Jumbe has been granted a five years sentence after being convicted of theft. He has
decided to appeal to the High Court on the premise that the sentence meted out against him
was too harsh in that the trial magistrate disregarded the principles of sentencing. A layman
who makes fritters along Dushambe road has stumbled upon this and would like to know the
principles of sentencing and has further pressed you to explain what is mitigation and at what
point it comes in in civil matters if at all it does, and in criminal matters both when the
accused has pleaded guilty and not guilty. [20 Marks]
You have been approached as legal aid counsel to assist the now convict because his brother
feels justice did not prevail. Kindly advise on the necessary grounds of appeal or any
anomalies noted if any on the part of the Court. Further, if you feel the Court was on firm
ground, kindly support your answer. [20 Marks]

Question Six

Mr. Jumbe has been granted a five years sentence after being convicted of theft. He has
decided to appeal to the High Court on the premise that the sentence meted out against him
was too harsh in that the trial magistrate disregarded the principles of sentencing. A layman
who makes fritters along Dushambe road has stumbled upon this and would like to know the
principles of sentencing and has further pressed you to explain what is mitigation and at what
point it comes in in civil matters if at all it does, and in criminal matters both when the
accused has pleaded guilty and not guilty. [20 Marks]