OPINION: CHALLENGES FACING THE GAMBIA’S NEW POLITICAL DISPENSATION
Jan 27, 2017, 11:14 AM
The particulars of offence were that on 13 April 2015, at the Brikama Magistrates’ Court in Kombo Central district of the West Coast Region, whilst in lawful custody, he managed to escape from such lawful custody by removing the handcuff from his hand.
In his judgment, the trial magistrate said the accused person was arraigned before the court on 26 August 2015 and he pleaded guilty to the charge alleged.
The accused person further admitted to the facts narrated by the prosecution as the truth leading to the commission of the offence.
“It is trite law that facts admitted need no further proof. Since the accused voluntarily admitted to occasioning the offence by escaping from lawful custody, I have no option other than to proceed to convict him,” he said.
“Consequently, I find Malanding Dampha guilty as charged, and convict him accordingly,” said the magistrate.
In his plea of mitigation, the convict said: “I am begging this court for mercy; and the reason for my escape is because this is my first time in court. I am the first son of my mother and I regret what happened, and I am appealing for forgiveness, and I will never re-offend again.”
Passing the sentence, Magistrate E. Jaiteh told the court that he had listened carefully to the plea of leniency, and also considered the fact that the convict was a first-time offender.
The convict is the breadwinner of his family and he shall hold all these factors as mitigating circumstances in favour of the convict, he said.
“Thus, 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 sentence the convict, Malanding Dampha, accordingly,” he stated.