Online Reporter
Kimberley Chitambara, [email protected]
A 35-year-old man from Mbembesi who accidentally struck his six-year-old son with an axe handle while attempting to assault his wife has been sentenced to perform 280 hours of community service.
Phathisani Ndlovu of Nqakala Village appeared before Bulawayo Regional Magistrate Mr Taurai Manwere facing a charge of attempted murder. However, the court acquitted him of the attempted murder charge and instead convicted him of assault.
In passing sentence, Mr Manwere ruled that the complainant had not sustained life-threatening injuries and that the accused had intended to assault his wife but had accidentally struck his son, who was strapped to her back.
Ndlovu was sentenced to 12 months’ imprisonment, of which four months were suspended for five years on condition of good behaviour. The remaining eight months were wholly suspended on condition that he completes 280 hours of community service.
Prosecuting, Ms Nomthandazo Mafu told the court that on May 22 at about 6pm, the accused approached his wife, who is the complainant’s mother, demanding money he had previously given her.
“This did not go down well with the accused person, who then tried to strike the complainant’s mother but missed her. He then struck the complainant once on the head and on the right hand using an axe handle,” she said.
The court heard that the altercation arose after the accused became angered by his wife’s response when he demanded the return of the money.
When asked by the magistrate why he had wanted to assault his wife with an axe handle, Ndlovu said he had acted out of anger following the exchange.
He further told the court that the incident had been accidental, explaining that his anger had been directed at his wife but he unintentionally struck the child, who had been strapped to her back at the time.
“The complainant did not sustain life-threatening injuries or permanent injuries. He sustained a swollen head and hand,” said Ms Mafu.
The matter was reported to the police, leading to Ndlovu’s arrest.
The child was referred to Mpilo Central Hospital for medical examination, and a medical report was later produced in court as an exhibit.
