By Ousman A Marong
The Essau magistrate court has convicted and sentenced one Lamin Bob to a fine of five hundred thousand dalasis (500,000), in default to serve 2-years in prison after he was found guilty of pouring petrol on one Sulayman Ceesay and setting him on fire in Sami village (NBR).
Presiding Magistrate, Anna O. Mendy, however, further ordered the convict to pay a of fine of five hundred thousand dalasis as compensation to the victim in default to serve two years jail term.
Both jail terms are to run consecutively.
The convict was further reminded of his right to appeal. Mr. Bob was slammed with a single-count charge of assault causing grievous bodily harm.
According to the indictment filed by the police prosecutors have revealed that the incident happened on October 19th at Sami village, in Lower Nuimi District (NBR).
It could be recalled that on October 25th Lamin Bob, unlawfully poured petrol on Sulayman Ceesay and lit a fire on his body causing him grievous bodily harm.
When the charge was read to him, by the court clerk and interpreted to him in Wollof by the court interpreter, Mr. Bob pleaded guilty to the charge.
“The Facts couldn’t be narrated by the prosecution on the same day due to the victim’s critical conditions and admission at the Essau District Hospital. The matter was adjourned to the 7th of November 2022 for fact narration by the prosecution. The matter was subsequently adjourned due to the victim's condition and admission at the same hospital,” said the Presiding Magistrate, Anna O. Mendy.
She said the victim was finally discharged and the facts were narrated by the police prosecuting Officer on 14th November 2022.
“After fact narration, the accused person maintained his guilty plea and was accordingly convicted as charged.”
In passing her sentenced, the presiding Magistrate Mendy considered certain factors such as the antecedence of the convict and indeed remorsefully.
The trial Magistrate further stated that the convict is young, and he is a first-time offender and the court believes he will avoid falling foul of the law, and be an active law-abiding citizen if given a second opportunity.
The Magistrate has cited the provision of section 29th subsection 2&3 and section 31, subsection 4th of the criminal code, section 259 and 266 of the CPC, which served as mitigating factors when person sentences on convict especially when finds or compensation was awarded.
“The court further averted its mind to the condition or what would have become of the victim if there was no stagnant water on the road for him to fall on and turn off the fire on him off his clothes. The outcome would have been deadly if there was no said stagnant water on the road. The court has also taken note of the increasing crime rates most especially among youths within our communities, therefore, there is a need to curb or reduce such unlawful and immoral behavior in our communities,” urged Magistrate Mendy.
She continues: "There is no doubt that the convict has committed an offense against the criminal code, therefore, the court hereby invokes its discretion provided under section 29th subsection 2&3 of the criminal code cited above in the person of Lamin Bob, to a fine of Five thousand dalasis (D5000) in default to serve 2-years imprisonment and the compensation of five hundred thousand dalasis in default to serve 2-years imprisonment.
