In the District Court of Mafinga District, the Appellant together with three others were charged with three counts: conspiracy to commit an offence contrary to section 384 of the Penal Code [Cap 16 R.E. 2002] (the Penal Code), stealing, contrary to section 269 and 265 of the Penal Code and malicious damage to property contrary to section 326 of the Penal Code.
It was the prosecution case that the accused stole various properties from a motor vehicle with Registration No. T527 BPQ with a trailer with Registration No. T976 BME, ERF which was being transported to the Democratic Republic of Congo, the property of Affordable Fashions Limited. It was further alleged by the prosecution that immediately after having stolen the properties they destroyed the motor vehicle and the semi-trailer and staged an accident by setting fire to the motor vehicle and trailer.
The Appellant was convicted on his own plea of guilty and was sentenced to thirty years imprisonment. Being dissatisfied with the decision of the trial Court he appealed to the High Court. His appeal was dismissed for the reason that his plea of guilty was unequivocal. The Appellant has now come to this Court with his second appeal.