KASAMA Magistrate Court, Zambia, has sentenced a 53-year-old man of Mungwi District to one-year imprisonment with hard labour for assaulting his wife.
Kasama magistrate, Chapson Silwimba, has, however, suspended the imprisonment to up to seven months while the convict will serve five months in imprisonment.
According to Zambia Observer, this is in a case where Joseph Bwalya of Ndase Village of Chitimukulu is charged with assault occasioning bodily harm.
This is contrary to Section 284 of the penal code Chapter 87 of the Laws of Zambia.
Particulars of the offence are that on July 16, 2024, Joseph Bwalya in Kasama District assaulted Bridget Bwalya, his wife thereby occasioning her actual bodily harm by damaging her eye.
Bridget who appeared for sentencing before the magistrate, Silwimba in mitigation, asked for forgiveness from the complainant.
He further asked for maximum leniency from the court stating that he was under the influence of alcohol adding that he did not know what he was doing.
And the complainant said she has forgiven the accused who is her husband and that they have five children and three grandchildren.
She said she would find it difficult to take care of the children alone if the accused was sent to prison.
She said the accused is sick and he had learnt his lesson.
And when asked by Silwimba why she reported the accused to the police, the complainant said she was told that it was the only way she could access social cash transfer funds.
And the magistrate in his judgment said he considered the accused and the complainant’s mitigation, but the offence which was committed by the accused is serious.
He said he also considered that the accused was the first offender.
Silwimba said looking at the extent to which the complainant was assaulted and the medical records which were brought before the court, the accused deserved to be punished.
He said he would punish him stating that there was an increase in the number of Gender Based Violence Cases (GBV).
Silwimba said this would set an example to would-be offenders not to commit such acts.
He said the accused needs to stop such acts adding that the period of the sentence will help him to reflect and maybe stop taking alcohol.
The magistrate added that if left unpunished, one day he may end up killing his wife.
He said that beating loved ones is not allowed, especially since she has given him children and grandchildren.
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