Court throws out appeal by a man was assaulted his pregnant wife

A MAN serving a five-year sentence for a brutal assault on his heavily pregnant wife has had his appeal thrown out by a Kasama High Court.

The appeal was anchored on two heads of argument one being that the sentence was excessive and the other that a plea for a shorter sentence so the appellant Lawrence Mulenga could leave jail soon and reconcile with his wife.

Presiding Judge Petronella Ngulube in throwing out the appeal said the issue of reconciliation could not be entertained by the court as many lives had been lost in this way.

Mrs Justice Ngulube had earlier received submissions from Mulenga’s lawyer Keith Katazo who said the five-year sentence with hard labour was excessive for a first offender even though he did not plead guilty at the commencement of trial.

Mr Katazo also submitted that the convict’s wife who was assaulted was reluctant to testify signifying the fact there was room for reconciliation.

He urged the court to impose a sentence that would allow Mulenga to get out of prison quickly and reconcile with his wife.

In response to Mr Katazo, State advocate Cassandra Soko said she had noted reasons advanced by the trial magistrate when Mulenga was convicted and sentenced.

“The convict brutally assaulted the complainant who was at an advanced stage of pregnancy. He endangered the lives of the mother and unborn child,” Ms Soko said.

Arising from injuries and health complications resulting from the attack, Mulenga’s was hospitalized for a lengthy period.

Ms Soko said the case was classic example gender-based violence and that it was not the role of the court to consider reconciliation especially in cases of extreme violence.

After considering submissions made by both parties Mrs Justice Ngulube cited the case of Gideon Millard V The people where it was held that an appellant court should not interfere with the discretion of the trial court on a question of sentence but for the appellant court to decide to interfere with the sentence, it must come with a sense of shock.

She said Mulenga was well aware that his wife was expecting and that she was at advanced stage and still proceeded to beat her up severely.

“I do not see any reason why this happened on record. I have perused the record from the court below and note that there was overwhelming evidence against the appellant. The fact that the complainant was expecting is an aggravating factor,” she said.

Mrs Justice Ngulube also said she had observed that the offence of assault occasioning actual bodily harm in relation to domestic violence was prevalent in the area. The courts therefore, have duty to curb this scourge through deterrent sentences.

“I therefore, conclude that the sentence of five years imprisonment with hard labour does not come with a sense of shock. This appeal therefore, fails. I uphold the lower court’s sentence as it was appropriate in the circumstances,” the judge said in conclusion.