A 19 year old pupil of Luwingu boarding secondary school has been convicted to five years imprisonment by the Luwingu magistrate court.
Luwingu Magistrate Davy Simfukwe convicted Jonathan Mulenga of Chelstone compound in Luwingu district for one count of assault occasioning actual bodily harm on a child contrary to the laws of Zambia.
Particulars of offence were that Jonathan on 15 July 2019 did assault Luheto Kameya aged 8 thereby occasioning bodily harm by administered tattoos without authority from the parents.
It is alleged that on the material day, Jonathan administered tattoos and added unknown mixture on both legs of an eight year old grade 3 pupil of Katopola primary school without authority of the parents.
In mitigation, Jonathan told magistrate Simfukwe that he was a first born child who deserve lenience and that he was also in grade 12 and said he regret what he did.
He added that after completing his grade 12 he wants to continue helping his parents in doing business at kamumango market.
Magistrate Simfukwe found that Jonathan Mulenga guilty of the offence of assault occasioning actual bodily harm on a child contrary to section 248 A of the penal code chapter 87 of the laws of Zambia as amended by Act No. 15 of 2005.
He sentenced him five years imprisonment with hard labour from the day he was arrested.
Sad what he did but the sentence is too harsh. After five years this 19 year old might come out as a hardcore 24 year criminal. Hopefully he continues with his education.
Ba shimafumu bagomauka. Isnt our justice system gone mad? Look at this:
A 19 year old pupil of Luwingu boarding secondary school has been convicted to five years imprisonment by the Luwingu magistrate court.
And this:
Two Ndola women sentenced to 18 months in jail for inserting a bottle into another woman’s private parts
The court was lenient enough….that is the minimum mandatory sentence which the law provides for assault on a child it’s different from mere assault
Some punishments awe sure. In 6 months time the child and parents will have forgotten what happened, while the boy’s future is gone. What benefits is the state getting other than destroying the future of an able bodied person who could one way or the other contribute to the development of his family and nation.
Couldn’t the judge come up with a judgement of making both parties happy? It seems Zambian judges are like police officers only schooled to dish out punishment.
The court was lenient enough….that is the minimum mandatory sentence …it’s not the magistrate but the law which protects children…read section 248A of the penal code
it’s like the judgement of those 2 ladies who were sentenced to 18 years for insert a bottle in an intruder’s private part. so sad.
What was his interest in playing with the 8 year old innocent boy’s blood in this era of Satanism? Let him go in he will be pardoned after 2 years don’t worry people but let him learn a lesson
Tattoos and machoism are kind of popular among kids. The boy may have had one and was begged by the smaller kid to give him one. Mistake yes but should it always be about some deity or religion? smh.. Same reasoning that leads us to pray against poverty instead of working hard.
There is need to re-look at our laws because they are not helping us in any way.5 year suspended sentence and 6months of community service would have done plus monetary compensation of ZMK2500.00 to the young grade 3 lad payable over a period of one year.
What value is 5years with hard labor going to benefit society at large? only busy over crowding the prisons with silly judgments.
The prison labor market is booming.
Boss assault on a child only has one sentence….5 years and above…. you cannot suspend or give community service in fact the hon Magistrate was lenient enough because he gave him the lowest sentence….read section 248A of the penal code you will understand
@Political analyser :
assault on a child only has one sentence….5 years and above…. you cannot suspend or give community service in fact the hon Magistrate was lenient enough because he gave him the lowest sentence….read section 248A of the penal code you will understand
I agree , the sentence is too severe for the alleged crime.
And why hard labour?
Ancient laws.
In other countries, you could walk away with a caution. Criminals like chitotela who are causing death by stealing from the poor are free. In a Christian nation? Where are the gods of justice?
its easy to say wen he is not yo son u dont know how the boy is and the permanent mark he has left in boys body
If it was my child it would have been life imprisonment
Certain decisions by our teenagers are made under drug influences. Therefore, as parents and guardians, let us give full counsel to our children and dependants.
You cannot temper with another child’s body without the parent’s consent. Society says tatoos are associated with satanism or spiritism. Beliefs differ. The sentence for the 19 yr old was very fair.
In short, let us provide both traditional and formal education to our lovely boys.
Tattooing in schools has become a common trend amongst Learners. In July this year, we had an experience at our school were a G7 pupil bought herbal medicine from a G6 and asked a friend to administer tattoos on his chest. Fortunate enough the mother to the one with a tattoo noticed and followed it up with school administrators only to find that it was his son who asked the friend to administer tattoos on his body claiming that the herbs were to make him strong.
As parents/ guardians, we should be sensitising our children on dangers of herbal medicines whether tattoos or taken orally. There’s a lot happening in schools. Some pupils are initiated through food, clothes and jewelry.
Some of these concortions they put mu ndembo can have life long effects even develish effects. Ninshi taba mwipwishe what he put on this little child so that they can effect the right punishment?