NDOLA High Court judge-in-charge Jane Kabuka has slapped a six-year jail sentence with hard labour on a 40-year-old man of Misundu farms in Ndola for manslaughter.
Robson Mwanza was initially charged with murder but he pleaded guilty to a reduced charge of manslaughter.
Delivering judgment on Monday, Ms Justice Kabuka said it is important for Mwanza to know that it does not pay to engage in fights even when provoked.
Ms Justice Kabuka said Mwanza is an elderly man who ought to have known that his actions would cause injury to the deceased or death.
“On your own admission of the facts, this court finds you guilty of the offence and I hereby convict you accordingly. You are aged 40, hence you should have reasoned not to engage in fights. However, the deceased died as a result of the injuries inflicted on him by you.
“I find the wounds the deceased suffered to be an aggravating factor. I, therefore, sentence you to six years imprisonment with hard labour with effect from the date you were arrested,” Ms Justice Kabuka said.
In mitigation, legal aid counsel Ethel Banda pleaded with the court to exercise leniency on Mwanza because he is remorseful for his actions.
Ms Banda said Mwanza had learnt a valuable lesson during his incarceration that it is better to walk away from a fight instead of engaging in one.
Facts before the court were that Mwanza quarrelled with a Mr Mwalwembe and a fight ensued.
The court heard that Mr Mwalwembe overpowered Mwanza, who reached for a golf club and hit the former on the head.
Mr Mwalwembe was taken to Ndola Central Hospital where he later died of head injuries.
magic bird
January 22, 2015 at 10:51 am
Iyashi Lyabuloshi –
Livingstone Family In Bizarre Find
A Livingstone woman is living in fear following her daughter’s discovery of an object suspected to be used in witchcraft dumped in her premises.
Scores of residents that flocked to the scene were found poking the lifeless object with sticks as they desperately tried to ascertain what it is.
It had to take a local pastor to discard the strange animal-like object which he destroyed with fire.
UBUTUTU UBUTUTU UBUTUTU UBUTUTU UBUTUTU UBUTUTU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
My people need to be educated about wildlife, before they completly finish killing Endangered Spieces which they see as “witchcraft” due to ignorance and susperstious beliefs ..beause of my peoples DEEP BEILIEF in “hokus-pokus” UBULOSHI you can imagine that, spieces like the Giant Salamander would be tagged as ICILILOMBA, due to its optical form which is rare in those parts… meaning the spieces would be destroyed on sight without second thought- Thats how bad it is.
Booz Bay
January 22, 2015 at 9:12 pm
Kanene defiles a ka girl he gets 18yrs in prison while this fool kills a man and only gets 6yrs in jail..is our judiciary fair or just F***ked up???
Mula
January 23, 2015 at 7:15 am
A Fool At 40. Fighting Fyabupuba. These Are The People Who Take The Country Backwards. You Waste Time Fighting While There Is So Much You Can Do To Help Zambia Improve. This Man Is A Upnd Supporter With No Brains. All They Think Of Is Violence. Useless Chaps. Yachepa Nama Years, Ngamwa chikakilefye 40 years Noku Cheba Ati, Komoni ! Forward Ku Jele.