Driver convicted for traffic offence

Delivering his judgment, the presiding magistrate told the court that the accused, Lamin Waggeh, was charged with a single-count of Motor Traffic offence

The particulars of offence are that on 10 May 2015, between the hours of 17:00 and 17:30 at Lamin Petrol Station, he drove a motor vehicle with registration number BJL 4832-J Leyland Bus without due care and attention, and thereby committed an offence.

The accused person was arraigned before the court and he pleaded guilty to the charge alleged by the prosecution.

He said Sub-Inspector K. Gibba gave brief facts of the case and tendered the sketched plan of the accident scene, two testing certificates, and a police warning letter to the accused and they were all admitted in evidence as exhibits.

The accused person, Lamin B. Waggeh, admitted to the facts narrated by the prosecution, and did not also object to the exhibits tendered by the prosecution.

“Since the accused pleaded guilty to the allegation of careless driving, and admitted the facts as the truth of the matter, I have no other option other than to proceed and convict the accused on his guilty plea,” said the magistrate.

It was trite law that facts admitted need no further proof, he added.

“Consequently, I find Lamin Waggeh guilty as charged and convict him accordingly.”

In his plea of mitigation, the convict said: “Since I started driving motor vehicles, this is my first traffic offence and I am begging this court to temper justice with mercy and show forgiveness. I will never repeat such carelessness and will be more careful next time. I am the breadwinner of my family.”

“I have listened carefully to the plea of leniency and I have also considered the fact that the convict is a first-time offender and is remorseful, and entered an early guilty plea without wasting the court’s time. I shall hold all these as mitigating factors in favour of the convict and tempted to temper justice with mercy,” said the magistrate.

Consequently, the convict, lamin B. waggeh, was sentenced to a fine of D2,000 in default to serve six months in prison with hard labour.

The convict was ordered to pay a compensation as per exhibit “B” on or before, but not later than 3 months from the date of the judgment, in default to serve two years in prison with hard labour.