10 April 2012

Gambia: Thief to Spend Seven Years in Jail

Principal Magistrate Sheriff Tabally of the Kanifing Magistrates' Court last Wednesday convicted and sentenced one Muhammed Jallow to six years imprisonment with hard labour after the court found him guilty on seven criminal offenses.

The accused is convicted on all the seven counts ranging from robbery, to burglary, stealing, willful damage of property, assault, common assault and criminal trespass all contrary to the Laws of The Gambia. The convict was further ordered to pay a compensation of D50, 000 to the complainant in default to serve 6 years in jail.

All sentences according to the presiding Magistrate should run concurrently.

In a plea of mitigation on behalf of the accused shortly before the sentence was passed, defence counsel Moses Richards, appealed to the court to temper justice with mercy in sentencing the accused. "The accused is a young man from either a nuclear or extended family with responsibility and the complainant in the matter is my friend, in light of all justice must always be tempered with mercy," he said.

He further appealed for the court to pose a fine on the accused. He also urged the court to order the accused to compensate the complainant who has suffered lost during the course of the trial.

The Magistrate in sentencing the convict, told the court that after considering the plea of mitigation, the court should also avert in mind on the kind of offence the accused is charged. On count one, the convict was sentenced to 6 years imprisonment, count two, three years, count three, two years, count four, one year, count five, one year, count six, one year, count seven, six months in jail with hard labour.

On count one, the accused was charged with robbery. The particulars revealed that the accused on or about the 13th September 2011 at Fajara in the Kanifing Municipality robbed Muhammed M. Jagana of the following: one laptop marked Dell valued at D28, 000, Qcell mobile phone valued at D1, 000, Alcatel mobile phone valued at D2, 500, cash amount of D550, two car keys and immediately after the time of the robbery, the accused used personal violence against the complainant to wit: giving him several wounds on his hand, thereby committed an offence.

On count two, the accused was charged with burglary, the particulars of offence revealed that the accused on the same date and place broke into the house of Muhammed M. Jagana with intend to commit felony, therein to with stealing.

On count three, the particulars indicated that the accused on the same date and place stole from the complainant, the items mentioned earlier, total value being D31, 500.

On count four, the particulars revealed that the accused on the same date and place willfully damaged in the house of the complainant the following items: two glasses and wooden doors valued at D4, 000, tea glass cup valued at D3, 000, total value being D8, 000, all being properties of Ebironk S. Jammeh.

On count five, the particulars revealed the accused on the same date and place unlawfully assaulted the complainant on his head and the left ear with a knife, a pair of scissors and a razor blade, thereby committed an offence.

On count six, the accused same date and place unlawfully assaulted Ebironke S. Jammeh by slapping her and pushing her to the ground to wit: causing a fracture on her toe.

On count seven, the accused on the same date and place with intend to intimidate, insult or annoy Muhammed M. Jagana and Ebironke Jammeh, unlawfully entered in their house without permission and did cause annoyance to them, thereby committed an offence.

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