Man jailed for assaulting grandparents
Saturday, 28 July 2012 21:03
Sunday News Reporter
A 22-YEAR-OLD man from Binga will languish in prison for the next 20 months after he beat up his grandparents alleging that his grandmother had looked at him with a twisted mouth and his grandfather had called him a murderer.
This came to light when the accused, Luke Mutale, who resides at Chiminga Village under Chief Sinakoma in Binga, appeared before Binga magistrate, Mr Stephen Ndhlovu, facing charges of assault as defined in Section 89 of the Criminal Law (Codification and Reform) Act Chapter 9:23.
The complainant is his grandfather, Nkomponi Mwinde, who resides at Gande Village under the same chief.
He was sentenced to 24 months in prison of which four months were suspended for five years on condition the accused person is not within that period convicted of an offence of which assault is an element.
In mitigation the accused said he was single, unemployed and committed the offence because his grandfather called him a murderer.
In passing the sentence, the magistrate considered that the accused pleaded guilty to the offence and was a first offender.
He, however, considered that offences involving assault were prevalent and on the increase and that the accused inflicted serious injuries on the complainant.
He said the accused was a selfish and callous man who does not care about other people but himself alone.
He said the accused does not have respect for his elders because he assaulted a 69-year-old man and his wife at their homestead and therefore deserves imprisonment as it is the only just sentence in this case.
For the State, Mr Bruce Maphosa, told the court that on 7 December 2011 and at around 6pm, the accused started accusing his grandmother of looking at him with a twisted mouth.
The court heard that he went on to kick her several times on different parts of the body.
He then went on to complainant whom he assaulted with a big log.
The court heard that the complainant sustained a deep cut on the head and was referred to Binga District Hospital.
The matter was referred to the police leading to the arrest of the accused.