However, the sentence was suspended for two years, meaning the duo will serve their sentences from outside prison.
In this case, Reagan Kabwe 22 and Shadrick Mulenga 25 stood charged with breaking into a building and commiting a felony therein.
Particulars are that on 13 February, 2021 in Ndola jointly and whilst acting together the two did break and enter a building namely a shop with intent to commit a felony therein and did steal from therein 2 Bonanza machines and K2, 720 cash altogether valued at K14,720 property of Bernard Mutale.
When the matter came before Ndola Principal Resident Magistrate Obbister Musukwa, the duo pleaded guilty.
“After your own admission, the court enters a plea of guilty,” said Magistrate Musukwa.
In mitigation, Kabwe who is a second year student at Northrise University, said he had regretted his actions.
“I am a second year student at Northrise University, if sent to prison, my education will suffer but I know I deserve to be punished,” he said.
He also produced his Grade 12 certificate and other school documents during his mitigation.
“I am very sorry for this conduct that I found myself in. I’m asking for mercy, this will be my last time to be engaged in such activities. I am an orphan who is also looking after my two sisters,” said Kabwe.
And Mulenga also said he was an orphan who should be given a second chance.
But Magistrate Musukwa said being an orphan should not be a vehicle to criminality.
“I have taken note and the fact that you are the first offender, you have raised the issue of orphans, but being an orphan is not a vehicle to criminality, you can do things that are positive in life. Yes the situation may be hard, but the ticket is not to criminality, you can do things that are productive and not resolve to criminality. There are better ways of earning a living, than crime to support a family or look for food,” Magistrate Musukwa told Kabwe.
Magistrate Musukwa also told Mulenga that the energy he used to break into a building can be used for productive things. “The energy used to break in a building and steal can be used for productive things. You are not disabled,” the magistrate said.
Magistrate Musukwa said since Kabwe was a student as he claimed, he could consider their mitigation.
“You are a second year student, since you claim to be student I will give you a second chance. I rarely give such to offences like this. I will send you to prison with hard labour for two years but suspend it for two years. So you will serve from outside (prison) provided you don’t commit any crime within this period. Go out and be better citizens,” said Magistrate Musukwa.
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