The Supreme Court Sitting in Ndola has reduced the 40 year jail sentence slapped by the High Court on a 24-year-old man of Kasama to 25 years imprisonment with hard labour, with effect from October 18, 2004 the date of the arrest.
This was in a case in which Sole Sikaonga appealed to the Supreme Court against a Kasama High Court ruling in which he was sentenced to 40 years imprisonment with hard labour for defiling a three- year and 10 months old baby.
Supreme Court Justice Sandson Silomba told the court that the bench consisting of Supreme Court Justices Hilda Chilombo and Dennis Chirwa sat and deliberated over the case of appeal against the High Court ruling was too much and that it induced a sense of shock.
He further said the Supreme Court had taken into consideration that Sikaonga was a first offender who pleaded guilty and did not waste the court’s time.
He said, according to the laws of Zambia, generally a defilement offence attracts a minimum of 15 years and a maximum of life sentence.
He however said, certain defilement cases such as those which result in a child contracting Sexually Transmitted Infections warrant the offender being imprisoned for many years.
Justice Silomba advised trial courts to take into consideration a number of factors when handing out sentences.
Facts before the court were that on 17th October, 2004, Sikaonga, then 19 when he was a grade seven pupil at Misamfu Basic School in Kasama had carnal knowledge of a three year and 10 months baby.
On the material day at around 21 hours, the baby’s mother went to a local clinic and left her baby in her house under the care of Sikaonga.
Upon her arrival from the clinic at 22 hours, Sikaonga informed her that the baby had cried for a long time and that he did not know why she was crying.
When the mother checked the baby, she found the child’s pants wet with semen and that her private parts were swollen.
When the mother asked Sikaonga what had happened to the baby, he said he did not know, before he fled from the house the same night.
The baby was later taken to the hospital where it was confirmed and proved that she had been defiled.
Later when he appeared in the magistrate’s court, Sikaonga confessed and pleaded guilty to the charge and was redirected to Kasama High Court for sentencing where he was handed a 40 year imprisonment sentence with hard labour.
ZANIS
Yes this is great, this chap thot wud only serve 5 yrs or so. Mune walakotela mu jail.
I pray for this country, wat the hell is hapng kanshi? u want to bring the world to an end or wat. cut his thing off. thats y muslims ar good. there is displin u cant even do these things we do as christians
But why the reduction 40 was cool
The jail sentence should have been raized to 100years or even for life in an asylum.
EVEN 25 YEARS IS TOO MUCH. THIS GUY NEEDS A MENTAL REHABILITATION. HE SHOULD NOT BE TREATED AS A CRIMINAL AND BE PUT BEHIND BARS FOR 25 YEARS, 40 OR 100. THE CHAP SHOULD BE TREATED IN A MENTAL HOSPITAL. HE IS A SICK PAERSON WHO NEEDS CARE AND COMPASSION. HIS BRAINS HAS LET HIM DOWN.
I THOUGHT THAT PRISONS WERE FOR REHABILITATING PEOPLE AND NOT TO TEACH THEM A LESSON THEY WILL NEVER FORGET. IS THIS RETRIBUTIVE JUSTICE OR RESTORATIVE JUSTICE?
Nambala 5 you may have a good point but WHY DO YOU HAVE TO WRITE IN ALL CAPITAL LETTERS?
numbers 1,3 and 4 do you put what you write through your brains?jail is not meant for revenge,it is meant to restore a person;to make him responsible and productive in the community.what is the essence of puting someone 100years behind bars?what purpose does that serve?i would say 15(which is the minimum according to the law) with inmate training and psychiatric attention.he will come out with a skill and psychologically well.
Teta Malilo has finally said goodbye to the Zambia…Good riddance
Chabipa kanshi teta is gone and so are his stubbon ways
This chap should have gone in for life. Why rape a minor when there many starving ladies out there. An example is this ka MUSHOTA girl from UK..
This chap should have gone in for life. Why defile a minor when there many starving ladies out there. An example is this ka MUSHOTA girl from UK..
This guy is lucky he had his sentence reduced from 40 to 25yrs. Bu of all the things ni nyere ya bwanji, defiling a todller of 3yrs. The guy has wasted his life. This is a lesson to other would be defilers.