THE Ndola High Court has sentenced a Masaiti man to 10 years imprisonment with hard labour for causing the death of his brother over beer.
In this matter, Kunda Musonda, 28, was initially charged with murdering his brother Vincent Musonda but the charge was amended to manslaughter.
He then pleaded guilty to the reduced offence.
Facts in the matter are that on October 18 last year, Kunda and Vincent were at their homestead drinking Chibuku opaque beer when a quarrel ensued between them and degenerated into a fight.
During the fight, Kunda picked a stick with which he hit Vincent on the head.
Vincent sustained a deep cut on his head and bled profusely.
When Vincent was rushed to the hospital, he was admitted in the intensive care unit until his demise a few days after the incident.
And a postmortem examination conducted by Dr Volodym Petrenko, the cause of death was established as severe head injuries.
In mitigation, Kunda, told the court he was remorseful for his action and that he caused the death of his own brother, a situation which caused a lot of stress in his family.
Kunda also blamed his action on the fact that he was intoxicated.
In sentencing, Ndola High Court judge Yvonne Chembe described the incident as sad and regrettable.
“I have considered the mitigate factors of this matter, the convict is youthful and first offender who pleaded guilty to the amended charge. The case makes very sad reading as the acts of the convict will forever affect his family. He will have to live the rest of his life with the knowledge that he caused his elder brother’s death. It is also sad and regrettable to note that his death was influenced by the consumption of alcohol and once again it shows that violence is not the answer,” Judge Chembe said.
She said Kunda could have walked away from his aggressive brother and reported the matter to the police unlike choosing to fight back.
“The offence of manslaughter carries a maximum penalty of life imprisonment but because the convict is a first offender, I will accord him some leniency and sentence him to 10 years imprisonment with hard labour,” said Judge Chembe.