By Beatrice Chabaya
The Lusaka Magistrate’s Court has sentenced Evelyn Loti to 12 months imprisonment, suspended for 24 months, for the offense of unlawful wounding in line with Section 232 of the Penal Code of Zambia.
Presiding Magistrate George Njobvu oversaw the case, during which the defendant entered a guilty plea.
Facts of the matter are that the incident occurred on January 2, 2024, when, without any lawful justification, Koti @ssaulted her husband, Joseph Mutale, with a belt and inflicted a st@b wound to his head with a kn!fe, resulting in significant head injuries and bleeding.
Initially denying the charges, Koti was later arrested by Constable Sapalo of the Kabwata Police following an extensive investigation.
However, on March 21 2024 during trial, she reversed her stance and admitted guilt.
During mitigation, Loti’s lawyer asked the court to consider Section 16 of the Criminal Procedure Code, advocating for a reduced sentence due to her status as a first-time offender.
The defense highlighted several mitigating factors such as Koti’s hearing impairment and reliance on lip-reading for communication, a 2022 accident that severely injured her right leg, ongoing physiotherapy, and her expression of remorse.
The defense also referenced the precedent set by the case of Annie Kalwa vs. The People (1976).
Joseph Mutale, the complainant and Loti’s husband, provided physical evidence of the offense in court.
After considering the mitigating circumstances, the court decided to impose a 24-month suspended sentence on the accused.
©️ Zambia Reports 2024