Wednesday, December 18, 2019

namwala trio lands in jail for stealing a herd of cattle.

THE High Court has sentenced three peasant farmers of Namwala to seven years imprisonment with hard labour for stealing a herd of cattle valued at K56,000.
This is in a case Bizewell Shimini, Wisdom Shimini and  Prosper Muyaya are charged with stock theft.
On July, 8, 2017, in Namwala, the trio stole one herd of cattle valued at K56,000.
The matter was tried before the Namwala magistrate's court and it was committed to the High Court for sentencing.
The lower court felt that the minimum mandatory sentence is not sufficient for the number of stolen animals is high. 
 The state supported the conviction  and the committing of the case to the high court for sentence.  
In mitigation through their lawyer,  Brian Gombwa of Mak partners urged the court to take into account the type of livestock which was stolen and the reasons it was stolen.
Mr Gombwa said they are first offenders it is for this reason that the court should exercise maximum leniency.
He said they are remorseful for their actions and begs for the court's interventions of leniency.
And judge Mulife said he has considered their mitigation and would therefore be lenient on them.
He said however the offense they had committed was a serious one and he would punish them.
Judge Mulife said the offense of stock theft is quite rampant in southern province.
"It is the poor farmers whose economic activities are disrupted.
It is the duty of the court to protect the farmers. Meting out the minimum mandatory sentence is not working out in protecting poor farmers," he said.
Judge Mulife said there is a need to change this status quo by imposing harsh sentences.
He said this will send a message to be offenders.
Judge Mulife said the value of the cattle is significant and it is an aggravating factor.
"Therefore having taken into consideration of the circumstances of the case. I hereby sentence you to seven years imprisonment with hard labour. It is effective from 27 July 2017, when they were first reminded in custody," he said.

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