THE High Court has sentenced a-36-year-old
businessman of Choma to five years imprisonment with hard labour for
trafficking in heroin and marijuana.
This is in a case Doubt Mwiinga of Shampande
township in Choma is charged with two counts of trafficking in psychotropic
substances.
On June, 1, this year in Choma, Mwiinga trafficked
74.48 grammes of heroin and also 20.3 kilogrammes of marijuana without any
lawful authority.
When the matter came up for sentencing before High
Court judge Kenneth Mulife, the state indicated to the court that it supports
the conviction of the lower court.
Judge Mulife informed the prosecution and defense
that he was satisfied with the conviction of the lower court and would proceed
to sentence him.
But the defense lawyer, Martin Makinka argued that his
client is a first offender who deserves leniency for having admitted the
charge.
Mr Makinka said the lower courts have even meted out
sentences between six months and two years’ imprisonment with hard labour for such
offenses.
He said the quantity that was found with him is not equal
to the magnitude of sentencing him to nine months imprisonment with hard labour
is excessive.
And Judge Mulife said the records of the court shows
that the decision to commit him to the High Court was because of the prevalence
of the offense and quantity of the drugs involved.
He said the lower court notes that the drugs are menace
to society.
Judge Mulife said this is a proper case for committing
to the High Court for sentencing as the convict deserves nine years imprisonment
with hard labour sentence.
He said his court agrees with the lower court that
drugs are menace to society considering the quantity involved which is an aggravating
factor in this case.
He said it is for this reason that his court needs
to send a message to society by meting a deterrent sentences.
“In the first count, I will send you to prison for four
years imprisonment with hard labour and in the second count to five years imprisonment
with hard labour,” he said.
“These sentences, I have imposed on you will run
concurrently meaning you will just serve five imprisonment. You are informed of
your right to appeal,” he said. End
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