Woman 49 Convicted For Assault

 

Photo: Ba-Amidou Njie (the victim)

 

 

By Ousman A Marong

The principal magistrate Anna O. Mendy of the Essau magistrate's court has convicted and sentenced one Fatou Joof of M’bollet-Ba village in Lower Niumi District (NBR), to a fine of five thousand dalasi (5000), in default to serve one year imprisonment for assaulting one Ba-Amidou Njie.

The court further ordered the culprit to pay one hundred and fifty thousand dalasi (150,000), as a compensation to the victim failure of which will see her to serve another 2-year jail term.

Madam Joof, conviction and sentencing came after the court found her guilty on a single count of assault causing actual bodily harm to Ba-Amidou Njie.

According to the particulars of offence revealed that Fatou Joof on or about 20 January 2023 at M’bollet-Ba village in Lower Nuimi District of North Bank Region (NBR), assaulted Ba-Amidou Njie, a 16-Year-Old boy with a stick all over his body, injured him on his right eye and she pleaded guilty to the charged.

At that juncture, the court ordered the prosecutor to narrate the facts, which he did and tendered a bunch of exhibits.

Among them, a bunch of photos showing the face of the victim as A1-A3. A medical certificate bearing the name of Ba-Amidou Njie of M’bollet-Ba village dated 25 January 2023 as AA.

A voluntary statement of the accused person Fatou Joof as A5 and A cautionary statement of the accused as A6.

The accused Fatou Joof, did not objected to the admissibility of the exhibits. She further called by court to react to the facts as narrated by the prosecution. She reacted to the facts in the affirmative.

Before the sentenced was passed on the convict, she begged the court to temper justice with mercy.

However, the trial magistrate, told the court that, the convict madam Joof, did not waste court's time, and indeed remorseful and she has no previous conviction

In passing her sentencing, magistrate Mendy, said: "I am, therefore, satisfied that the accused intended to plead guilty. Her guilty plea to my mind is direct voluntary and unequivocal. I am further satisfied that fact's narrated has articulated the ingredients of the offence to warrant a conviction.. I accordingly fine you Fatou Joof, guilty as charged.

I, therefore, fine you Fatou Joof to a fine of five thousand dalasi in default to serve one year in prison. And a compensation of one hundred and fifty thousand dalasi to the victim Ba-Amidou Njie, in default to serve two years in prison. All the sentences shall run consecutive.

She reminds the convict of her right to appeal.

 

 

Sami Boy Convicted For Setting Compatriot Alight

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.