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Lusaka Man Jailed For Infecting A 9 Year Old Girl With HIV & Syphilis
A 30-YEAR-OLD defiler, who infected a minor with HIV, got a shock of his life when the Supreme Court increased his custodial sentence from 25 to 40 years after an unsuccessful appeal.
Morris Phiri who appealed against his sentence, arguing that it was harsh, got a stiffer custodial sentence when justices Elizabeth Muyovwe, Mumba Malila and Gregory Phiri considered aggravating circumstances in the matter.
The judges, sitting in Ndola on Tuesday, noted that Phiri, of Lilanda Lusaka, infected the nine-year-old with HIV and syphilis, hence his appeal lacked merit.
Evidence before court also indicated that during the assault, Phiri slapped the girl and threatened to kill her after she bit him in self-defence.
In his appeal, Phiri argued that the 25-year jail term imposed by the Lusaka High Court was too harsh and there was also an issue of mistaken identity.
Particulars of the offence are that Phiri on unknown dates in December 2012, in Lusaka, had unlawful carnal knowledge of a girl under the age of 16.
In delivering judgment, Judge Muyovwe noted that the 25-year jail term imposed on the convict was shocking as there were aggravating factors in the matter considering that Phiri had infected the victim with the HIV.
“The issue of mistaken identity does not arise as the appellant was a close neighbour of the victim’s parents. We have hence considered the evidence of the court below and the submissions by both defence and state counsel. Having found no merit in the grounds of appeal and heads of argument, we find that the 25-year jail term imposed on the appellant comes with an utter sense of shock as he defiled a nine-year-old girl from the neighbourhood, who he injured and infected her with HIV.
“We have hence increased the sentence from 25 to 40 years imprisonment with hard labour. This is with effect from the date you were arrested,” Justice Muyovwe said
Evidence before court was that on the material night, there was a power outage around 20.00 hours when Phiri offered the victim a candle to light.
The girl opened the door but tried to close it, however, Phiri forced his way in and defiled her.
Further, the court heard that medical examinations on the victim found that she had been infected with syphilis and HIV.
Posted by
Chief of Grief
September 4, 2015 at 12:46 pm
Wamwenako chikala chobe,40 yrz 2 life epofye naka 2yrz katali wat more.nway ukafikepo pantu efwe tuli mu awesomeness nafi gelo diba.
New Educated Zambia©❤√
September 4, 2015 at 6:21 pm
lungu promotes this type of behaviour he just released a musician who was found guilty of this same crime. Vote upnd for child protection
Harder Than The Rest
September 4, 2015 at 6:21 pm
MAY GOD HELP US….!!
onenchimz
September 4, 2015 at 8:32 pm
Exactly my friend NEZ,what you’re saying it’s true coz this behavior under lungu’s government is wase nd waseless nd it will be wase.
New Educated Zambia©❤√
September 4, 2015 at 9:06 pm
indeed mwana wesu. What we are asking is for you to prepare to vote upnd. Please ensure you spread the message to your friends family and even girlfriends. We need you
onenchimz
September 4, 2015 at 10:15 pm
Ok my dear,I will do so.come 2016 upnd in state house.bakhabolala ba pf ku prison nd die…
observer
September 4, 2015 at 11:31 pm
in your dreams,not antil you 2090
observer
September 4, 2015 at 11:32 pm
in your dreams,not antil you 2090.
Hello Haters
September 5, 2015 at 12:07 am
@observer why post the same comment twice, are you prone to misuse of kaloba talk time just like your PFool party is misusing the eurobond kaloba.
Osadabwa
September 5, 2015 at 7:05 pm
Iyo imbwa after being tested + ekumona kwati nga yatomba minor ikaba – following that “myth”.Anso Chikala bamulundileko na Sentence.