Mandatory sentence for a burglar
Friday, May 29, 2009
The Kanifing Magistrates Court presded over by Magistrate Basirou Mahoney, yesterday convicted and sentence one Miniru Saffiwiru, to a mandatory term of three month imprisonment on count one.
The accused was also sentenced to pay a fine of D4000 in default to serve additional three-month jail term. In addition to that, the court ordered him to compensate the complaninant, the sum of D3000 in default to serve another three-months in prison. The 24 year-old, was dragged to court sometime in March 2008, charged with house breaking and stealing, a charge he earlier on denied. Delivering his judgement, Magistrate Mahoney recalled that the accused during the trial pleaded not gulty to both charges and was then granted bail. He told the court that the accused on March 10 jump bail until he was re-arrested following the issuance of a bench warrant for his immediate arrest.
Magistrate Mahoney also recounted that the prosecution called two witnesses, one of whom was a police officer to testified on their behalf. He told the court that as the trial proceeds, the accused later on changed his plea of not guilty in the open court and admitted breaking into and stealing a DVD player and a cash of D1050 belonging to one Yajata faye.
The presiding Magistrate further emphasised that the accused is a young man adding that the offence itself was aggravated by the fact that it was commited at night. 'The accused jumping bail is another factor," he said. He mainted that the accused derserve custodial sentence to deter others. The accused is urged to rehabilitate himself and was strongly warned if found guilty again will serve long custodial sentence. Shortly before the sentence was passed, the presecuting officer -CPL Sarr made an application for the complainant to be compensated for the lost materials.
Author: by Sheriff Janko & Aji Fatou Faal