Feb 25, 2011, 1:27 PM
Lamin Jabang, who was found guilty of breaking into a building to commit a felony and assault causing actual bodily harm, was also ordered to pay a compensation of D20,000 to one Nuha Camara, in default to serve two years in prison with hard labour.
The particulars of offence alleged in count one stated that the accused, on 10 August 2015 at Sanyang village in Kombo South district of the West Coast Region, broke and entered into the house of one Nuha Camara with intent to commit a felony.
The accused was also alleged in count two to have, on 10 August 2015, at Sanyang villaga in Kombo South district of the West Coast Region, broken and entered the house of the said Nuha Camara and stole the following items: One Samsung phone valued at D500 and one S12 mobile phone valued at D1,300.
He was further alleged in count three to have, on 10 August 2015 at Sanyang village in the Kombo South district of the West Coast Region, willfully and unlawfully assaulted the said Nuha Camara, by beating him with firewood on the head and on the shoulder, which caused him actual bodily harm.
He said the accused person was arraigned before the court on 26 August 2015, and pleaded guilty to all the three counts alleged by the prosecution.
The accused person further admitted to the facts narrated by the prosecution as the truth leading to the commission of the offences.
“It is trite law that facts admitted need no further proof. Since the accused voluntarily admitted to occasioning these offences by breaking into Nuha Camara’s house and stealing two mobile phones and further assaulted the said Nuha Camara occasioning bodily harm. I have no option other than to convict the accused person on his own guilty plea,” he said.
“I find Lamin Jabang guilty and convict him as charged for breaking into a building with intent to commit a felony and assault causing actual bodily harm,” stated the magistrate.
The convict, in mitigation, said: “I am begging this court for mercy and I will never repeat this again. I regret what I did.”
Passing sentence, the presiding magistrate told the court that he had listened carefully to the plea of leniency and also considered the fact that the convict was a second-time offender.
“I have considered special circumstances of this case and reach the conclusion that your actions and conduct constitute and pose a serious risk to the Gambian population and, more particularly, unsuspecting individuals.
“If thieves could be roaming the streets at night around 3am to 4am and breaking into dwelling houses and stealing with violence, then our society is moving towards a total breakdown of the rule of law,” he continued.
In this case, he added, the convict, Lamin Jabang, broke and entered into the dwelling house of Nuha Camara in Sanyang village around 3am to 4am and stole mobile phones, and when stopped by the said Nuha Camara, the convict assaulted him with a blunt weapon on his head and shoulder causing him actual bodily harm.
“This is unacceptable. If I am minded to temper justice with mercy, the convict should be taught a lesson nonetheless to deter others in your position,” he went on.
It was for these reasons that he shall sentence the convict, Lamin Jabang, as follows: He was sentenced to five years in prison with hard labour on count one, five years in prison with hard labour on count two and five years in prison with hard labour on count three.
The convict, Lamin Jabang, must compensate Nuha Camara the sum of D20,000 for causing him actual bodily harm, in default the convict must serve two years in prison with hard labour.
All sentences are to run concurrently.