Court News

Livingstone man jailed 14 months for assault

By CHALI MULENGA
THE Livingstone Magistrate Court has sentenced a 25-year-old artiste to 14 months imprisonment with hard labour for assault.
Appearing before Livingstone magistrate Adsen Shanduba was Kennedy Banda, an artist of Lusaka.
Particulars of the offence are that on September 5, this year, Banda allegedly assaulted Simon Phiri thereby occasioning him actual bodily harm.
Facts before the court are that on the material date, a fight ensued between Banda and Phiri during a drinking spree at the Common Market for Eastern and Southern Africa (COMESA) market in Livingstone, where the former allegedly hit the latter with a bottle of Miranda on the head and he sustained a deep cut.
In mitigation, Banda told the court that he is an artist who was in Livingstone to practice music.
“It is true that I assaulted the complainant. I’m asking for leniency from the court as I have learnt my lesson. I don’t know what evil spirit entered me,” he said.
In passing the sentence, Mr Shanduba told the convict that there are a number of “singers” in prison and that this would accord the latter an opportunity to practise music.
“The court has taken into consideration what you have said in mitigation. You come all the way from Lusaka to practise music, which is supposed to entertain people.
“However, when you inflict pain on others, you ought to be punished and so nothing you say now will carry weight. I’m sending you to prison for 14 months and there is a lot of singing that goes on in prison,” he said.


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