The appellant was convicted on two counts of aggravated robbery and sentenced to imprisonment for fifteen years on each count to run concurrently. He appealed against the conviction and sentence.
The incident occurred when two women were on a service road proceeding to the Regional Station Farm at Mufulira where they were to buy some eggs. Both of them had seen the appellant emerge from
behind an anthill holding a knife in his raised right hand. He had threatened them with death if they did not surrender their money to him. One of them was robbed of K16.50 cash and the other was robbed of K14.50. About two days later of them both unhesitatingly picked out the appellant as the robber at an identification parade comprising nine men. The particulars of offence did not specify the nature of the aggravation.
Held:
(i) The police or anyone responsible for conducting an identification parade must do nothing that might directly or indirectly prevent the identification from being proper, fair and independent. Failure to observe this principle may, in a proper case, nullify the identification.
(ii) In a charge of aggravated robbery, failure to specify the nature of the aggravation in the particulars of offence is an irregularity but one which can be cured unless the accused has thereby been prejudiced.
