Sat, 27 Jan 2018 14:42:23 +0000
By JOSSY CHAIMA
THE Kitwe High Court has sentenced a 36 year-old woman to three years simple imprisonment for causing the death of her one-day-old baby.
Before court was Justina Mwanza who was charged with one count of infanticide, contrary to Section 203, Chapter 19 of the Penal Code (Cap 87) of the Laws of Zambia.
Mwanza was initially charged with murder after she threw the baby into Kafue River and the infant’s body was never found.
Facts were that on November 4, 2016, she was at Kitwe Teaching Hospital nursing her grandchild and around 23:00 hours she complained of severe pains.
A nurse on duty then took her to the Out Patient Department where it was established that she was pregnant and in labour.
Afterwards, Mwanza delivered a baby girl at 00:40 hours on November, 5, 2016, and was discharged in the morning but on her way home she threw the tot into the river.
She was later reported to police by community members who realised that Mwanza did not have the baby when she reached home from the hospital.
After investigations Mwanza was on February 2, 2017 charged for murder, which was later reduced to infanticide because her mind was still disturbed by effects of childbirth.
Kitwe High Judge Isaac Kamwendo convicted Mwanza on Thursday upon her admission of guilt.
In mitigation, the convict said she was remorseful and regretted her action, adding that she was a first offender.
Sentencing Mwanza, Mr. Justice Kamwendo said he had considered circumstances especially her state of mind when she committed the offence.
“I have considered your mitigation and that you are a first offender. I have also considered your state of mind at that moment and I will therefore sentence you to three years simple imprisonment with effect from the date of your arrest,” Judge Kamwendo said.
