VARSITY STUDENT GETS THREE-YEAR SUSPENDED SENTENCE FOR CHILD STEALING
A TWENTY-THREE-YEAR-OLD university student has been handed a three-year suspended sentence for stealing a fouryear-old child she wanted to exchange for drugs in Chibolya Township by the Lusaka Magistrate Court.
Habiba Tembo, was charged with one count of child stealing contrary to Section 171(1) of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence are that Tembo on November 28, 2022, in Lusaka, with intent to deprive Ms Nasilele Sitwala, a mother who has the lawful care or charge of the boy, fraudulently did take away the said child who is under the age of 16.
It is alleged that Tembo stole the child in Kabwata and took him to Chibolya for sale for her to buy drugs.
When the matter came up for judgement, magistrate Constance Kansankala, suspended the whole sentence for one year on condition that Tembo should attend counselling with the Drug Enforcement Commission (DEC) education centre for eight months without missing any date of appointment.
In her mitigation through her lawyer from the Legal Aid Board, Tembo asked the court for leniency stating that she was young and intelligent, as she is a university student who if given a second chance can complete school and contribute to the development of the country.
She said she had no intention of stealing the child, begging the court to send her for counselling at the DEC’s Education and Counselling Department.
However, Ms Kasankala convicted her accordingly, stating that the increase in the number of children going missing at the instance of perpetrators that steal such children is worrying and no amount of explanation can compensate for the anguish and distress suffered.
The magistrate explained that the age of the child at the time of stealing was four years, as he was born on March 12, 2017 and he was subjected to stay away from the custody and control of the mother for about three days and also the place and area in which the said child was found was unconducive
Ms Kasankala said she applied her mind to the fact that the now convict is of youthful age, being 23 now and is bound to make mistakes and has much room to change and better her life,
“Youthfulness should not be used as an excuse in the commission of the offence as she possesses sufficient intelligence and knowledge to distinguish between wrong and right, and that does not justify her behaviour in the commission of the offence herein,” she said.
Therefore, she found it prudent to use this convict as an example against fellow youths who might opt to engage themselves in criminal acts as that of that convict so as to deter them from such acts.
“I sentence you to three years simple imprisonment with effect from February 1, 2022, the day of arrest, however I will suspend the whole sentence for a period of one year on condition that during the suspension, you will attend counselling with the DEC education centre for a period of eight months without missing any date of appointment,” Ms Kansankala ruled.