A 37-YEAR-OLD man of Chipuluksu township in Ndola has been sentenced to 14 months imprisonment with hard labour by the Ndola Magistrate’s Court for breaking his wife’s arm after she demanded money for relish.
Magistrate Bubala Sikalunda, on Tuesday, convicted Davies Musawa after he pleaded guilty to assault and causing grievous bodily harm.
In passing the sentence, Ms Sikalunda observed that the accused assaulted his wife without justification adding that cases of gender-based violence are on the rise hence the need to impose stiffer penalties to deter others.
“It is not an excuse to say that it was an accident because you assaulted this person without cause or justification. I have, however, noted that you are a first offender, who readily admitted the charge without wasting the court’s time hence I will be lenient on you.
However, it is worth noting that the offence you committed is very serious as it carries a jail term of five year. I sentence you to 14 months imprisonment with hard labour with effect from September 11, the day you were arrested,”Ms Sikalunda said.
The magistrate granted Musawa leave to appeal to the High Court within 14 days if he is not satisfied with the sentence.
Particulars of the offence are that on June 22, this year, in Ndola, Musawa allegedly caused grievous bodily harm on Sylvia Bwalya.
In mitigation, Musawa told the court that he was remorseful for his actions and that he had been pleading with his wife for forgiveness but to no avail.
He further told the court that he did not intend to injure his wife but it was merely an accident.
Facts before the court are that on the material day, Bwalya had asked Masawa’s nephew to collect money for relish but that the accused only produced a K15.00.
This prompted Bwalya to approach her husband to ask for an addition K10.00 but this incensed the accused, who resorted to hit and poured on her the alcohol he was consuming.
Bwalya told the court that when she tried to escape from the fracas, she was pursued by her husband who kicked her and eventually broke her left arm.
The complainant was admitted at Ndola central hospital where an X-ray was conducted and ascertained that her arm was broken.
Zambia Daily Mail