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FEATURE: “Junky” children can still be jailed – High Court
By Dickson Jere
A woman – marketeer – of City Market was waylaid in the night by the notorious “junkies” on her way home in John Laing compound. They attacked her and stole her hard earned money and cellphones. Unfortunately, one of them was captured by police and prosecuted for aggravated robbery.
After being found guilty, it was then argued that he was a child when he committed the offence and therefore could not be sent to jail. The boy was now 19 years old but claimed he was child when he committed offence.
Lusaka High Court Judge In-Charge, Charles Zulu, had to relook at the law and determine what could be the best punishment for this child given the prevalence of junkies.
“If Courts were to fail to deliver its mandate to preserve and enhance law and order, anarchy and impunity at the hands of junkies, will only increase to ungovernable levels,” the Judge said.
He then observed that these junkies were now using the law as a shield “under the guise of being juveniles when their conduct is that of a fully fledged malefactor adult”.
“In the face of policing challenges our society now faces, at the hands of junkies, this Court cannot afford to fold its hands when the law affords the Court space to deal with each case on its merits,” he said.
He noted that even though there is new law – Children’s Code Act – he believes the principles of sentencing of children has not changed per se.
“It is clear that the Court’s jurisdiction to impose a custodial sentence as a means of dealing with a child offender remains tenable under the new regime,” the Judge opined.
He then went ahead and jailed the convict to 36 months simple imprisonment as a deterrent to others who are engaged in this vice.
“I find it that this a proper and fit case in which an order for custodial sentence, given the gravity of the offence, and the need to deter the prevalence of this growing antisocial behavior,” he said.
“The prevalence and growing conduct of lawlessness by young offenders otherwise called ‘junkies’ is a serious security issue, and Courts must be seen to help arrest this antisocial behavior through its sentencing mandate,” he added.
Case citation – The People v Michael Mulenga (HP/29/2024) and Judgement passed on the 15th April, 2024.
This is case is in sharp contrast with the earlier one in which a child murderer was set free by the High Court in Chipata on account that the new law does not provide for custodial sentence for children.
There will be need for clarity on this issue by the Court of Appeal so that there is certainty on the matter of jailing children.
Kalemba May 11, 2024
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