JUDGMENT
The circumstances of the case giving rise to this appeal are sad and tragic. On July 1, 2013, at about 10.00 am, Jackline Liyema Mukoto (the appellant) killed her daughter, DNM , aged 3 years.
This was after the appellant kept an overnight vigil (‘kesha’) at a church. In her defence, the appellant gave this bizarre account:
“DNM was my child, the child was 2 years old. I do not know whether the child is alive or dead. I cannot also tell whether I killed the child…….
I cannot remember whether I ever got hold of my child. All I remember is that I saw myself in heaven.”
At trial, the court held that the prosecution had established that the appellant had the requisite mens rea and malice aforethought for the offence of murder and convicted her accordingly. As to the sentence, the trial court imposed a sentence of 50 years imprisonment.
Counsel for the appellant told us that the appellant was pursuing the appeal on sentence only. She asked us to review that sentence and in so doing, to …