May 20, 2010, 1:15 PM
Mocxin Colley, who was convicted of assault causing actual bodily harm, was also ordered to pay a compensation of D20,000 to the complainant, Sainey Colley, in default to serve five years in prison for the injury that the complainant sustained from the accused person.
However, his co-accused person, Tairu Cham, was acquitted and discharged.
Delivering his Judgment, the presiding magistrate told the court that the accused persons, Mocxin Colley and Tairu Cham, were charged with assault causing grievous bodily harm.
The particulars of offence alleged that on 15 June 2015, at Jabang village in the Kombo North District of the West Coast Region, they jointly assaulted one Sainey Colley, by hitting him with sticks and causing him grievous bodily harm.
He said the accused persons were arraigned before the court on 15 July 2015, and they both pleaded not guilty to the charge alleged by the prosecution.
Challenged by the plead of not guilty, the prosecution called four witnesses and tendered exhibits in support of the charge alleged.
On 1 October, he added, the prosecution closed their case and the court ordered the accused persons to enter their defence, on the grounds that the prosecution had established a prima facie case against the two accused persons.
According to him, on 15 October 2015, the 1st accused person, Mocxin Colley, mounted the witness box and gave his evidence-in-chief.
At the end of his evidence-in-chief, Mocxin Colley changed his plead of not guilty to guilty, and expressed sufficient remorse for what happened on15 June 2015 between him and Sainey Colley.
The prosecution relied on the entire testimonies of the prosecution witnesses and the exhibits tendered as the facts of what happened on 15 June 2015, at Jabang village.
The 1st accused person, Mocxin Colley, admitted to the testimonies of the prosecution witnesses as the truth of what happened, and said that the 2nd accused was not involved in the assault.
It was trite law that facts admitted need no further proof, the magistrate stated.
“Consequently, I find Mocxin Colley guilty as charged and convict him accordingly,” said the magistrate.
He said the prosecution then applied under section 145(1) of the CPC for compensation to be awarded to Sainey Colley for injury, pain and suffering he endured.
The prosecution also applied under section 68(1) of the Criminal Procedure Code to withdraw the charge against the 2nd accused person, Tairu Cham.
“The prosecution’s application pursuant to section 68(1) of the Criminal Procedure Code to withdraw the charge against the 2nd accused person, Tairu Cham, is hereby granted and the charge is withdrawn and the 2nd accused person, Tairu Cham, is accordingly discharged,” stated the magistrate.
In his plead of mitigation, the convict begged the court to temper justice with mercy.
“I am the breadwinner of my family and my mother is aged and sick, and I am building a house to accommodate her. I am sorry for what happened and the complainant is my friend,” the convict said.
In passing sentence, the trial magistrate stated that the modern trend in the administration of criminal justice requires the court to give the offender the punishment which is proportionate to the offence, taking into consideration such factors as the seriousness of the offence, protection of the public and mitigating circumstances.
“I have noted the seriousness of the offence committed by Mocxin Colley, and carefully read the medical report prepared by EFSTH in Banjul,” he said, adding that the said medical report stated that Sainey Colley was diagnosed with a bone fracture due to severe blow on the face and had problems with his eyes.
He said the medical report further disclosed that Sainey Colley was hit with hands and sticks, and lost consciousness and was left for death.
“In view of the medical report and the glaring pictures of Sainey Colley covered in blood, these demonstrate that the convict, Mocxin Colley, was callous and reckless and I am persuaded to impose the severest punishment of seven years,” said the magistrate.
“If I am minded to temper justice with mercy, the convict should be taught a lesson nonetheless to deter others. It is for this reason that I shall sentence the convict, Mocxin Colley, as follows: The convict Mocxin Colley was sentenced to pay a fine of D10,000 and in default to serve seven years in prison with hard labour
“The convict, Mocxin Colley, must pay compensation to Sainey Colley in the sum of D20,000 for the severe injuries he sustained, physical pain he experienced, and the mental suffering he endured as a result of this assault occasioned by the convict, in default to serve an additional five years in prison with hard labour.
“In default of payment of the fines, all sentences should run consecutively,” he declared.