James Kapembwa v The People Appeal No. 53/2022 (23 February 2023)

Authors

Mwami Kabwabwa, Southern African Institute for Policy and Research

Publication Date

5-2023

Abstract

The appellant James Kapembwa was charged with defilement contrary to section 138 of the Penal Code Act chapter 87 of the Laws of Zambia. He was convicted of the offence and sentenced to 15 years imprisonment with hard labour by the High Court of Zambia. Unsatisfied with the decision of the High Court, the appellant appealed to the Court of Appeal against his conviction and sentence.

On 23rd February 2023, The Court of Appeal handed down its judgment in respect of the aforesaid application for leave to appeal against sentencing and conviction. It held that the appellant had known the victim for less than one year and that in such circumstances it couldn’t be said that the appellant ought to have known the victim’s age.

Recommended Citation

Kabwabwa, Mwami (2023) "James Kapembwa v The People Appeal No. 53/2022 (23 February 2023)," SAIPAR Case Review: Vol. 6: Iss. 1, Article 6.
Available at: https://scholarship.law.cornell.edu/scr/vol6/iss1/6