Magistrate Court has fined one Abdou J. Bah the sum of D5,000 in default to
serve two years imprisonment.
The court, presided over by magistrate Omar Jabang, convicted and sentenced Amadou after he was found guilty of assaulting one Karamo Jammeh by stabbing him with a bottle on his chest, hand and on the back.
The accused was charged with assault, causing actual bodily harm contrary to the Criminal Code and the particulars of offence stated that the accused on 19 August 2017 at Sukuta, Kombo North District of the West Coast Region, unlawfully assaulted one Karamo Jammeh by stabbing him with a bottle on his chest, hand and on the back causing him injuries.
The accused pleaded guilty to the charge and the prosecution, led by Inspector Ebrima Sarr, tendered the medical certificate dated 19 August, 2017 in evidence and was admitted and marked as exhibit.
A white T-shirt, with blood stain, and a ‘Cocktail’ soft drink broken bottle was also tendered, admitted in evidence and marked as exhibits.
In passing sentence, the trial magistrate disclosed that the convict was a first-time offender and had never had any brush with the law before.
He said the convict came to the court and pleaded guilty without wasting the court’s time and had also shown sufficient remorse for his actions.
Magistrate Jabang revealed that section 22 of the Criminal Code provides the punishment for assault causing bodily harm to be five years imprisonment.
The trial magistrate noted that being a first time offender, he would draw wisdom for the case of Nyabally Vs the State where sentencing judicial offenders were cautioned by the Gambia Court of Appeal not to impose mandatory jail term on first time offenders as it has tendency of exposing them to hardened criminals who may influence them to be worse criminals during serving their jail terms.
Magistrate Jabang pointed out that it must be appreciated that the offence and the manner in which it was committed could not go unpunished and that he was minded not to impose a mandatory jail term because of the demeanour of the convict and the willingness to reform.
Magistrate Jabang said he could not deny the convict the benefit of the doubt this time but to invoke his powers under section 29(3) of the Criminal Code and impose a fine on the convict instead of the five years jail term as provided under section 228.
Presiding Magistrate Omar Jabang then sentenced the convict accordingly to a fine of D5,000 in default to serve two years imprisonment.
Furthermore, the trial magistrate in pursuant to section 145 of the Criminal Procedure Code awarded D15,000 as compensation to the victim, Karamo Jammeh, for the injuries he sustained.