Two women sentenced for 2 years for assault
Written by Mafken FM Newsroom on 31 March 2021
Two Ndola woman have been sentenced to two and half years simple imprisonment for assault and indecent assault of 17 year old female juvenile.
This is in a case in which Jacqueline Nanyinza, 27 and her friend Catherine Mpamba, 28, of Chipulukusu Township are charged with two counts of assault occasioning actual bodily harm and indecent assault of a juvenile.
Particulars of the offence are that Nanyinza and Mpamba, who are both hairdressers, are alleged to have jointly and willfully and indecently assaulted a female juvenile after they discovered that she was allegedly having an intimate relationship with Nanyinza’s husband.
The two women are also alleged to have inserted a metal bar into the victim’s private part while scorning her over the allegations they both denied.
During trial, the 17 year old girl told the court that no one inserted a metal bar in her private parts.
When the matter came up for judgement, Ndola Principal Resident Magistrate Obbister Musukwa said the state had proved beyond reasonable doubt the case of assault while it failed to prove the case of indecent assault.
Magistrate Musukwa then convicted duo accordingly.
In mitigation through their defence Lawyer Kenneth Tembo, the duo said they were remorseful of their actions and that they are first offenders.
“The convicts are still youthful of 27 and 28 respectively. The convicts further have children of 1 year 6 months and 9 months respectively. Sending them to the harsh conditions of prison will make the children suffer or subject their children to prison as if they were convicts. As you sentence them, they ask for the court to consider the time they spent in prison,” Tembo said.
But Magistrate Musukwa said the duo could have first reflected on the consequences of their deeds before they acted as there are better ways of resolving issues than resorting to violence on mere allegation.
Magistrate Musukwa said the duo could have confronted the aggressor then attacking the teenager saying the duo deserve a custodial sentence.
“As regards to count one of assault, the prosecution has proved its case and I convict you accordingly. It is also not in dispute that you picked the teenager from her home and lured her that you were going to give her wings. To the second accused, I do not believe that you were just cooking for more than 8 hours when the teenager was in your house. You were an accomplice,” charged magistrate Musukwa
“In count two the prosecution has failed to prove its case and I accordingly acquit you in this count,” he said.
“I have taken note of your mitigation, but you could have reflected before you acted. So I will give you a custodial sentence. I will send you to prison for 2 and a half years simple imprisonment if you are not happy you have a right to appeal,” Magistrate Musukwa said.
Magistrate Musukwa said giving a custodial sentence will deter others from committing similar offences.
