News / National
Man mistakes boy for goblin, hits him with gun
19 Jul 2015 at 05:38hrs | Views
AN intoxicated Mberengwa man struck and seriously injured a five-year-old boy with the nozzle of a pellet gun alleging that he had mistaken the boy for a grown up goblin.
The boy - Francis Nyau - was rushed to Masvingo General Hospital following the attack and the provincial hospital rushed him to Parirenyatwa Group of Hospitals in Harare.
According to the medical report compiled and submitted in court, the injuries could cause danger to his life.
The man - Nyashadzashe Nyoni (21) of Tazvitya Village, Chief Nyamhondo in Mberengwa pleaded guilty to assault as defined in Section 89 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 when he appeared before Mwenezi resident magistrate Mr Honesty Musiiwa.
He, however, left the court stunned when in mitigation he said he was heavily under the influence of alcohol and therefore mistook the boy for a grown-up goblin.
Asked by the magistrate Mr Musiiwa if he had seen a goblin before, he replied that he had never seen one, adding that he had just heard people talking about them. He left the court in stitches when he said the moment he saw the boy something cried like a goblin.
He was sentenced to 24 months in prison with four months suspended for five years on condition that he is not within that period convicted of an offence of a similar nature. He will serve an effective 20 months jail term.
Prosecutor Mr Willard Chasi told the court that on 24 May this year around 3am the accused person - Nyoni - went to Garare rail station in Mwenezi armed with
a pellet gun.
He found many people at the station waiting for the passenger train to Chiredzi and among them was Chengeto Manhandi who was in the company of her two minor children - Francis and his sibling.
It was the State case that Nyoni was drinking opaque beer, commonly known as scud, at the station while other passengers were asleep but could not do so placidly as Nyoni kept on waking them up as he was shouting on top of his voice in a violent and awkward manner.
Francis, who was sleeping just beside his mother, woke up and walked for about four metres from where his mother and other passengers were sleeping and urinated
Nyoni moved to where Francis was and struck him twice on the head with the nozzle of the pellet gun and he fell down and lost consciousness.
Sensing danger, the court heard, Nyoni took to his heels and disappeared into a thicket. Francis was rushed to Masvingo General Hospital but was transferred to Parirenyatwa Group of Hospital in Harare where he is receiving treatment.
In aggravation the State through the prosecutor Mr Chasi submitted that the accused person assaulted a minor who was defenceless for no apparent reason. The State added that he aimed his blow on the most delicate part of the body - the head - and that he used a dangerous weapon.
Mr Chasi pleaded with the court to give Nyoni a custodial sentence that would deter would-be offenders, arguing that society needed to be kept safe from people of Nyoni's behaviour.
Nyoni, however, insisted that he hit the boy because he mistook him for a goblin arguing that he was under the influence of alcohol and that blurred his vision.
The boy - Francis Nyau - was rushed to Masvingo General Hospital following the attack and the provincial hospital rushed him to Parirenyatwa Group of Hospitals in Harare.
According to the medical report compiled and submitted in court, the injuries could cause danger to his life.
The man - Nyashadzashe Nyoni (21) of Tazvitya Village, Chief Nyamhondo in Mberengwa pleaded guilty to assault as defined in Section 89 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 when he appeared before Mwenezi resident magistrate Mr Honesty Musiiwa.
He, however, left the court stunned when in mitigation he said he was heavily under the influence of alcohol and therefore mistook the boy for a grown-up goblin.
Asked by the magistrate Mr Musiiwa if he had seen a goblin before, he replied that he had never seen one, adding that he had just heard people talking about them. He left the court in stitches when he said the moment he saw the boy something cried like a goblin.
He was sentenced to 24 months in prison with four months suspended for five years on condition that he is not within that period convicted of an offence of a similar nature. He will serve an effective 20 months jail term.
Prosecutor Mr Willard Chasi told the court that on 24 May this year around 3am the accused person - Nyoni - went to Garare rail station in Mwenezi armed with
a pellet gun.
It was the State case that Nyoni was drinking opaque beer, commonly known as scud, at the station while other passengers were asleep but could not do so placidly as Nyoni kept on waking them up as he was shouting on top of his voice in a violent and awkward manner.
Francis, who was sleeping just beside his mother, woke up and walked for about four metres from where his mother and other passengers were sleeping and urinated
Nyoni moved to where Francis was and struck him twice on the head with the nozzle of the pellet gun and he fell down and lost consciousness.
Sensing danger, the court heard, Nyoni took to his heels and disappeared into a thicket. Francis was rushed to Masvingo General Hospital but was transferred to Parirenyatwa Group of Hospital in Harare where he is receiving treatment.
In aggravation the State through the prosecutor Mr Chasi submitted that the accused person assaulted a minor who was defenceless for no apparent reason. The State added that he aimed his blow on the most delicate part of the body - the head - and that he used a dangerous weapon.
Mr Chasi pleaded with the court to give Nyoni a custodial sentence that would deter would-be offenders, arguing that society needed to be kept safe from people of Nyoni's behaviour.
Nyoni, however, insisted that he hit the boy because he mistook him for a goblin arguing that he was under the influence of alcohol and that blurred his vision.
Source - sundaynews
