Prosecutors alleged that the convict on or about the 25th August, 2021, at Senegambia, in the Kanifing Municipality of the Republic of The Gambia, assaulted one Aby Bajo all over her body, but the convict pleaded not guilty.
In her judgement, the presiding magistrate stated that the issue to be determined was whether the complainant sustained the injuries as a result of a fight. She then referred to the definition of assault and harm.
Her analysis of what was adduced was that it was correct that the complainant and the convict fought and the convict threw her down. She noted further that the convict and her witnesses asserted that if the complainant had not bleached her skin, she would not have sustained the said injuries.
“This was what the accused and her witnesses wanted the court to believe. This position of the accused and her witnesses is not tenable, because the definition of both assault and harm does not qualify the type of skin that should or would sustain injuries,” she told the court.
She further posited that the court saw and noted the scars on the complainant, and held that the essential ingredient of the offence had been established beyond reasonable doubts against the accused person. “Therefore the accused is convicted for assault causing bodily harm,” she declared.
The convict was asked whether she had anything to plead in mitigation but said that she did nothing and that they only fought.
“Is the convict a first-time offender?” asked the magistrate.
“Yes, according to our records,” the prosecuting officer said.
He then applied under Section 145 of the CPC for compensation to be awarded to the victim for injuries inflicted on her.
In passing the sentence, the magistrate stated that the convict was not remorseful. She noted that looking at the scars on the victim, she must have undergone so much pain. She subsequently sentenced the convict accordingly.
“The convict is ordered to compensate the victim with the sum of D10,000 in default to serve two years imprisonment,” she announced and adjourned the court.