The said Muhammed Gundo was sentenced to serve two years imprisonment after he pleaded guilty to one court of rash and negligent driving causing the death of one Alhaji Mama Salieu Jallow within the Gambia Ports Authority premises in Banjul on July 15, 2009. In his submissions, Lawyer Buba Bojang urged the special court to uphold the decision of the Lower Court. Lawyer Bojang argued that rash or negligent acts are the mens rea element for single actus rea causing death under section 221 (A) of the criminal code.Lawyer Bojang said the trial magistrate complied substantially with the necessary requirements during the trial of the appellant as all that transpired during the trial at the Lower Court was recorded and contained in the record of proceedings.

State Counsel Bojang argued that in the cautionary and voluntary statements of the appellant, he admitted committing the said offence. Lawyer Bonjang noted that the death of a person is a fact and the appellant stated in his statement that he was informed that the victim died. Lawyer Bojang then argued that the custodial sentence imposed on the appellant by the trial magistrate was lawful noting that the trial magistrate acted within the provision of the law, under section 221 (A) of the criminal code. He explained that the penalty of the said section was 3 years but the appellant was given 2 years. He further explained that the trial magistrate was not required to give reasons for the sentence that is discretionary.

Lawyer Bojang disclosed that the appellant was rash or negligent, noting that exhibit C2, which was issued by the police after inspecting the vehicle, revealed that there were four major defects in the vehicle. The matter continues on October 22, 2009.