The court heard that on the night of April 30, 2018, Frank Nyauda 19 and Daudi Mashini 20 ambushed Bondwe and escaped away with the stated items.
The two ambushed the unsuspecting police officer on a nearby bridge at Masasa location in Mzuzu City and before stealing from him, the two demanded money from Bondwe which he did not have
“Noting that Bondwe had no money, the two took away his mobile phone valued at K30, 000 and a pair of shoes,” State Prosecutor Kaliyati Phiri told the Court.
The two men pleaded guilty to the offence.
In mitigation, Nyauda asked the court to be lenient when sentencing him since he was a first offender while Mashini pleaded for leniency on grounds that he was not aware of the gravity and seriousness of the offence.
State Prosecutor Phiri asked the court to give a stiffer sentence to the convicts because the offence was committed with intent.
First Grade Magistrate Alexander Gomba said despite the offence committed being a felony which attracts a maximum penalty of a 14-year imprisonment and life or death sentence in its aggravated form; he will consider grounds raised by the convicts while sentencing the two.
“Let it be borne in mind that the convicts did not waste the court’s time by pleading guilty to the charge, they are first offenders as well as being young. Am tempted to conclude that these convicts lack parental guidance and I, therefore sentence each one of them to five-year imprisonment with hard labour,” First Grade Magistrate said.
Nyauda hails from Fraye Village in the area of Traditional Authority Nsamala in Balaka District while Mashini is of Ngolowindo Village in the area of Traditional Authority Maganga in Salima District.