The appellant was tried and convicted for the offence of murder, contrary to section 200 of the Penal Code, Chapter 87 of the laws of Zambia. The particulars of the offence alleged that, the appellant, on 14th May 2002, at Mufulira, in the Mufulira District of the Copperbelt
Province, of the Republic of Zambia, murdered Elias Kapolowe.
15. Consequently, he was sentenced to suffer the mandatory penalty of death. The appellant appealed against the sentence and urged the Supreme Court to consider extenuating circumstances and impose an appropriate sentence.
Held:
1. Drunken circumstances generally attending upon the
occasion, sufficiently reduce the amount of moral culpability, so that there is extenuation.
2. On the facts of this case there was no extenuation.
