People v Nonde (HP 165 of 2017) [2017] ZMHC 485 (30 August 2017)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPLE REGISTRY HOLDEN AT LUSAKA (Criminal Jurisdiction) HP/165/2017 THE PEOPLE VS FELIX NONDE Before the Honourable Mr. Justice C. Chanda in Open 0 (cid:9) on the • 30th day of August, 2017. For the People: (cid:9) Ms Nyangu, State Advocate National Prosecutions Authority. For the Accused: (cid:9) Mrs Liswaniso, Legal Aid Counsel SENTENCE FELIX NONDE, the Accused person herein stands charged with one count of Manslaughter contrary to Section 199 of the Penal Code Chapter 87 of the Laws of Zambia. Particulars of the offence alleged that, FELIX NONDE on the 29t day of September, 2016, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, murder JESPER MWEEMBA. (cid:9) S2 In mitigation, Learned Defence Counsel submitted that the Convict was 33 years old and thus he was capable of reformation. He is also a family man who is responsible for three (3) children and an aged mother. That he was a first offender who has been in custody since 29th September 2016 and has learnt a bitter lesson. He has further reflected on his life and now understands that indulgence in such activities is not profitable. He is deeply remorseful and regrets his actions. He prays that mercy tempers with justice as he is haunted and suffering psychologically which is punishment enough on its own. He pleads for lenience when passing sentence. I have taken into account what has been passionately pleaded on your behalf in mitigation that you are a first offender who is remorseful and regretted your actions. I also taken into account your family responsibility towards your children and your mother. As a first offender you shall indeed have my leniency. I hereby sentence you FELIX NONDE to three (3) years imprisonment with hard labour with effect from 29th September 2016 the date of your arrest. Convict reserves the right of ap ourt of Appeal within 14 days from today. Dated at Lusaka t V C. CHA JUDGE