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Principal Magistrate Krubally has delivered a judgment against four individuals charged with breaking into a shop and stealing. The convicted persons are Ebrima Bah, Bruno Correa, Batch Sowe, and Gibril Jindo. However, Gibril Jindo passed away before the judgment was delivered. May his soul rest in peace.
The accused were charged with three counts: conspiracy to commit a felony contrary to Section 368 of the Criminal Code, breaking into a building contrary to Section 228, and stealing contrary to Section 252.
According to the prosecution, the four accused conspired to commit the offenses in Banjul by breaking into the shop of Amadou Njie. They stole 20 pieces of fabric wax valued at D27,000, 10 pieces of fabric worth D50,000, and five pieces of fabric valued at D25,000, totaling D102,000, all belonging to Amadou Njie.
To establish their case, the prosecution presented three witnesses: a watchman, a police officer, and a CID officer. Evidence, including photographs of the broken shop and damaged padlocks, was submitted, linking the accused to the crime.
In his ruling, Magistrate Krubally carefully reviewed the evidence and found that the prosecution had successfully proven all three counts against the accused. He acknowledged that the late Gibril Jindo’s case was closed by his passing and that “nature will address that matter.”
The magistrate noted that the accused were first-time offenders with no prior criminal records and took into account their mitigating statements. While acknowledging these factors, he emphasized the seriousness of the offenses, which involved breaking into a building, conspiring, and stealing.
Instead of custodial sentences, Magistrate Krubally imposed fines on the remaining three accused, citing Section 29, Subsection 3 of the Criminal Code and the precedent set in Nyabally v. The State, which encourages fines for first-time offenders.
The sentences are as follows:
• Count 1: Conspiracy to Commit a Felony – Ebrima Bah, Bruno Correa, and Batch Sowe were each fined D25,000, with a default sentence of six months in prison.
• Count 2: Breaking into a Shop – Each was fined D25,000, with a default sentence of six months in prison.
• Count 3: Stealing – Each was fined D25,000, with a default sentence of six months in prison.
Additionally, Magistrate Krubally ordered the three accused to compensate the victim, Amadou Njie, with D50,000 each under Section 145 of the Criminal Code. Failure to pay the compensation would result in a one-year prison term.
He concluded by stating that the sentences would run consecutively, ensuring justice for the economic losses suffered by the shop owner.