Mzimba man jailed 7 years for manslaughter

The Mzuzu High Court sitting in Mzimba on Monday sentenced  a 25-year-old Milingo Kaima to seven years imprisonment  for  causing the death Samson Mhone following heavy fighting between the two.

This was after Kaima, who hails from Ndindani village, T/A Kampingo Sibande in Mzimba,   pleaded guilty to the reduced charge of manslaughter.

The ‘killing’

Particulars of the offence were that on 12, May 2011, the convict caused the death of Mhone following a brawl which they had.

Waliko Nkosi, prosecuting, told the court that Kaima, late Mhone and other people went on a drinking spree at Eswazini and on their return home, Kaima and Mhone picked up a quarrel which resulted into heavy fighting.

The two were later separated and the convict went to his house.

However, later in the night, the deceased followed the convict to his house where they started fighting again.

”The convict therefore took a burnt log and hit the deceased on the head,” he told the court. The deceased became unconscious and died.

Post-mortem report presented in court showed that the deceased died due to severe head injury.

Mitigation

Addressing the High Court judge Dingiswayo Madise, senior legal advocate Chimwemwe Chithope-Mwale pleaded with the court for leniency, saying the suspect pleaded guilty to the charge and that he was a first offender.

Chithope-Mwale further said the court should look at circumstances that the deceased followed the convict to his house  to resume a fight there.

He said the convict was sorry for causing the death of Mhone.

The lawyer asked the court to met out a sentence that would make Kaima to reflect on his life.

Sentencing

Passing his judgement, high court judge Dingiswayo Madise concurred with the defence lawyer saying in pleading guilty the accused showed remorse about what he did.
He however sentenced the accused to 7 years jail term because there was loss of life.

Justice Madise said the sentence ought to act as a deterrent.

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