MAN GETS 5 YEAR SENTENCE FOR ASSAULTING 4 YEAR OLD SON
THE Nchelenge Magistrate Court in Nchelenge District has jailed a 42-year-old man of Chienge to five years with hard labour for assaulting his four-year-old son.
Before Resident Magistrate Luckson Mbewe, was Godfrey Kalyata who was charged with Assault on a Child contrary to Section 248 (a) of the Penal Code Chapter 87 of the Laws of Zambia.
This was in a matter that came up for Plea before the court.
Facts before the court were that on January 22, 2023, Kalyata did assault a child under the age of 16 thereby Occasioning him with Actual Bodily Harm.
On the material day, Chabu, wife to the accused went to the farm and left his four-year-old son in the custody his father.
While at the farm, she received a friend who was carrying her son and discovered that her son had bruises on the body and burns on both hands.
When she went home, she confronted her husband who admitted whipping his son because he ate Chisense.
When Resident Magistrate Mbewe asked the accused if he understood the facts, he responded affirmatively adding that he did not have anything to amend.
Upon his own admission of the facts, Magistrate Mbewe found the accused guilty and charged him accordingly.
In mitigation, Kalyata pleaded with the court to exercise maximum leniency saying he has failed to come to terms with what led to the incident.
“Your honour, kindly exercise leniency with me. I do not understand what got into me. I admit whipping my son but he got burnt after bumping into a pot of hot water which was on the brazier,” he pleaded.
In passing Judgement, Resident Magistrate Mbewe said he considered all that was said in mitigation but that the offence was serious and carries a mandatory minimum sentence of five years.
“I have heard your mitigation, but the court is at pain at how heartless you were towards your own biological son. You could not even take him to the clinic,” he said.
He then sentenced Kalyata to five years imprisonment with hard labour with effect from January 22, 2023.
In another matter, a 24-year-old woman of Chabilikila Village in Chieftainess Kanyembo’s Chiefdom in Nchelenge District has been fined K500 in default three months simple imprisonment for unlawful possession of fish during fishing ban.
Before Resident Magistrate Luckson Mbewe was Charity Mwila who pleaded guilty to being in possession of fish during the fishing ban contrary to Section 60 (a) and (b) of the Fisheries Act.
Brief facts are that on January 16, 2023 around 10:00hours, officers from the Fisheries Department were conducting their daily patrols on lake Mweru waters when they found the accused with assorted fish weighing 23 kilograms.
When asked if she understood the charge, Mwila responded affirmatively.
In mitigation, Mwila pleaded with the court to exercise leniency saying she was just sent by her father.
In passing Judgement, Resident Magistrate Mbewe fined the accused K500 in default three months simple imprisonment with effect from January 1, 2023.