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Kapiri man jailed for three years for gun theft
Kapiri Mposhi, 3rd July 2013, ZANIS – Kapiri Mposhi Magistrate court has sentenced a 27-year-old man of Kapiri Mposhi district to three years imprisonment with hard labour for theft from a motor vehicle.
Before Magistrate Brenda Chiganda was Kingsley Kanchulubwa of Zambia Compound in Kapiri Mposhi who stood charged with one count of theft from a motor vehicle contrary to section 276 (c) Cap 87 of the laws of Zambia.
Facts before court were that Kanchulubwa did steal a firearm named pistol with 26 rounds of ammunition on 19 May 2013 property of Mary Simubali of Kitwe.
Kanchulubwa snatched the gun after he managed to open the rear door of the moving Toyota Rav 4 vehicle registration number ACD 2351 which Simubali was driving around 19:00 hours near Continental Filling Station along the Great North Road in Kapiri Mposhi.
The gun and ammunition were later recovered from an unsuspecting member of the public who had bought them at Kr 800.
Kanchulubwa readily admitted the charge as read out to him when the matter came up for plea last week.
However, but Magistatrate Chiganda deferred sentencing in the matter to today after noting that Kanchulubwa was not a first offender because he had been jailed before for similar offences.
Kanchulubwa was early this year convicted and jailed for two consecutive six month jail terms for theft.
In mitigation Kanchulubwa asked the court to be lenient on him as he was the sole bread winner of the family.
But in passing judgment Magistrate Chiganda noted that theft from motor vehicles has become rampant in Kapiri Mposhi stating that the court should mete out strong sentences to deter would be offenders.
Magistrate Chiganda also observed that stealing of a firearm was a serious offence because it posed a great security threat to society as the gun could be used for criminal activities and to harm innocent people.
“Since you readily pled guilty to the offence and you did not waste the court’s time I’m going to be lenient to you by sentencing you to three years imprisonment with hard labour,” Magistrate Chiganda said.
And magistrate Chiganda ruled that the firearm and rounds of ammunition which were recovered from the convict be given back to the owner within 14 days.
This was after an application by the state under the Criminal Procedure Code Cap 88 of the Laws of Zambia that the gun restore to the owner.
