Chingola couple sentenced to 18 months for assault

 Chingola couple sentenced to 18 months for assault

By IREEN MULENGA
Chingola Magistrate court has sentenced a couple to 18 months simple imprisonment for assaulting a person they suspected to be a gasser last year.

Magistrate Shadrick Chanda sentenced Vivian Mwamba 25, (wife) to six months and Musa Silumbe 32, (husband) to 12 months imprisonment.

The complainant in this matter was Richard Chalwe who told the court that on December 21, 2020 he went to the compound of Mr and Mrs Silumbe for refuge but since it was the time when there was gassing incidence, he was taken as one of the gassers hence the couple assaulted him.
Before Magistrate Chanda was Silumbe and Mwamba both of 4324 Chikola loop area Chingola, who were facing one count of assault each and accessioning actual bodily harm contrary to section 248 of penal code chapter 87 of the laws of Zambia.
Particular of the offence is that on December 21, 2020, Silumbe and Mwamba while acting together did assault Richard Chalwe thereby occasioning him actual bodily harm.
When the matter came for trial the couple denied the charge.
In their mitigation they both pleaded for mercy from Magistrate Chanda that they will never repeat what they did and they had learnt a lesson.
In passing Judgment, Magistrate Chanda said that the prosecutor has proved the case beyond any reasonable doubt and found both of them guilty as charged.
He said in arriving at the sentence below, I have taken into consideration, the fact that both are first offenders, and their mitigation hence sentence them accordingly.
“I therefore prescribe a custodian sentence for you Silumbe to 12 months and Mwamba to six months simple imprisonment with effect from August 27, 2021,” he said.

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