The Death Of The Two Is So Sad But Their Unfortunate Demise Builds An Interesting Case For Us Law Students- Dr. Larry Mweetwa

THE DEATH OF THE TWO IS SO SAD BUT THEIR UNFORTUNATE DEMISE BUILDS AN INTERESTING CASE FOR US LAW STUDENTS

Here’s a breakdown of the case using the IRAC system, followed by a potential judgment and sentencing in the Zambian legal context:

IRAC

Issue: The core issue is whether Mike Ilishebo committed the crime of murder against his wife, Valerie Franco. A secondary issue is whether his actions constitute a crime against the laws of Zambia.

Rule: The primary legal rule applicable is the Zambian Penal Code ACT Chapter 87 subsection 200,201,205, 206 and specifically the section defining and outlining the punishment for murder.

Analysis:

Intent (Mens Rea): The evidence strongly suggests intent to kill. Ilishebo used multiple methods (strangulation, stabbing) and the actions show premeditation.
Act (Actus Reus): Ilishebo’s actions clearly caused the death of Valerie Franco.
Causation: There’s a direct link between Ilishebo’s actions and his wife’s death.
Absence of Defenses: Initial reports don’t indicate self-defense or other justifiable reason for the killing.
Conclusion: Based on the evidence, Mike Ilishebo likely committed murder under Zambian law.

Judgment and Sentencing

Judgment: Due to Ilishebo’s death by suicide, a formal trial cannot proceed. However, had he been alive, the court would likely find him guilty of murder.

Sentencing (Hypothetical):

Murder in Zambia: The Zambian Penal Code mandates the death penalty for murder. However, in recent years there has been a de facto moratorium on executions.
Likely Sentence: Considering this, the most likely sentence would be life imprisonment.
Important Considerations:

Mental Health: The report mentions a “troubled marriage.” It’s possible Ilishebo was suffering from mental health issues. A full evaluation, if possible, might have played a role in sentencing considerations.
Child’s Welfare: The orphaned child is the most tragic victim. The judgment would need to address the child’s immediate care and long-term guardianship.

Dr. Larry Mweetwa
Law Student