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toubab1020
12314 Posts |
 Posted - 07 Feb 2011 : 16:43:36
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Whilst the result appears fair to those who have no shortage of money and had they had been the accused would have been very happy with the result,This accused will go to prison, Why ? where is this man an "average Gambian" going to get D30,000 ? He Has nothing.In prison he will get some food to survive,but his life is now a waste,a pity for a man with a previously clean record
For him its an amount that he only can dream about,I think that the magistrate has failed to consider this man's personal circumstances although he has considered his change of plea,thereby saving the courts time and expense.
http://observer.gm/africa/gambia/article/robber-sentenced-after-changing-plea
Robber sentenced after changing plea
Africa » Gambia
Monday, February 07, 2011
Justice Lamin AMS Jobarteh of the High Court in Banjul, last Friday sentenced one Badou Loum to pay a fine of D30, 000, in default to serve 15 years imprisonment after he was convicted of the offence of robbery.
Badou Loum was charged along with one Alagie Saho on one count of robbery with actual violence, contrary to Section 272 of the Criminal Code Cap 10, Volume III, Laws of The Gambia, 1990. The particulars of the offence stated that the duo on the 23rd of February, 2009 at about 06:00 hours at Ebo Town in the Kanifing Municipality, jointly robbed one Ida Khan of a lady's hand bag containing one Nokia phone, several Gamcel, Africell and Comium credit cards.
The case took a twist when the 1st accused, Badou Loum intimated the court that he intends to change his plea and subsequently pleaded guilty to the said robbery charge. Mikailu Abdulahi, the director of Public Prosecution (DDP) then applied for the court to adopt the particulars of the offence and the facts contained in the charge. DPP Abdullahi submitted that the 1st accused, Badou Loum made cautionary and voluntary statements, which was subsequently tendered in evidence and admitted as Exhibits A and B respectively.
The defence counsel, OD Mbye in making a plea of mitigation on behalf of the accused told the court that the accused is unemployed and has no means of survival. Lawyer Mbye asserted that the accused person has saved the court's time by changing his plea, adding that the accused has no records of previous conviction. Delivering his judgment, Justice Lamin Jobarteh informed that he would temper justice with mercy, but would not hesitate to invoke the provisions of Section 29(3) of the Criminal Code Cap 10, Volume III, Laws of The Gambia, 1990.
The accused was however sentenced accordingly and the case was adjourned to the 7th, 8th and 9th of February 2011 for the hearing of the trial of the 2nd accused person, Alagie Saho.
Author: by Sidiq Asemota
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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