THE Court of Appeal has upheld a 25-year-jail sentence slapped on a 31-year-old married man of Mazabuka who was convicted of defiling an imbecile. Evidence in the trial court was that on July 27, 2017, Felody Ng’andu was seen by a juvenile pulling a mentally ill woman to the ground. The juvenile called for help from a man identified as Gift Mwape and ran back to check on the woman only to find him defiling her.
Ng’andu was then apprehended and taken to police while the victim was issued with a medical report, which indicated that she had been defiled. During trial, Mr Mwape, the arresting officer, and the juvenile testified against Ng’andu. He was sentenced to 25 years imprisonment with hard labour. However, Ng’andu was not happy with the sentence and sought intervention of the Court of Appeal.
Ng’andu argued that the lower court erred by imposing an excessive 25 years imprisonment with hard labour when he was a first offender who deserved lenience from the court. But Court of Appeal president Fulgency Chisanga said a deterrent sentence of 25 years did not induce shock in the court to warrant interference. “We remain unmoved and dismiss this appeal as it is devoid of merit,” Justice Chisanga said