JAMES Bwalya and Matthews Sikaonga have gone to the Court of Appeal where they have challenged some sentences imposed on them by the Lusaka High Court.
In June, the Lusaka High Court imposed various sentences on Bwalya, 23, and Siakonga, 22, ranging from three years to 50 years, including a life jail term.
This was after Judge Charles Kafunda found them guilty of 54 abduction, rape and aggravated assault related charges to which they pleaded guilty in connection with abducting 13 young women.
But the two youths, through their lawyers, have appealed against the sentences imposed on them arguing that the court erred in law and fact.
They submit in their grounds of appeal that the judge erred in law and principle when he imposed maximum sentences in some of the counts since they readily pleaded guilty to counts three and 24 which are in contention and never wasted the court’s precious time.
They submit in the second ground of appeal that the court erred in law and fact to have ignored the principles of sentencing established in Zambian jurisdiction and previous records of the accused as provided by the evidence.
They further submit that the court erred in law and fact by becoming emotional when considering the sentence to be imposed on the appellants.
“The trial judge was emotional on several instances when delivering the ruling on the imposition of sentences, thereby rending injustice on the appellant,” the appeal reads.
The further argue that court erred in law and fact for not being consistent with the parents of sentences of similar cases as the appellant have been sentenced.
(Mwebantu, Tuesday, 1st August, 2023)