Courtroom Assault
In a tense courtroom session before Presiding Magistrate B. Sowe, the Kanifing
Magistrates’ Court convicted Mam Jarra Jassey an officer of Kanifing Municipal Council of common assault under Section 227 of the Criminal Code, sentencing her to six months’ imprisonment in default of a fine and ordering compensation to the victim.
Jassey was arraigned on 10 July 2023 for slapping Kadijatou Kanyi, an act
deemed unlawful application of force. The charge was read in English and interpreted in
Mandinka. She pleaded not guilty, prompting a full hearing
The prosecution tendered three exhibits: Exhibit A (prescription drug sheet), Exhibit B
(medical injury report), and Exhibit C (cautionary statement).
Kadijatou testified that Jassey gripped her neck and slapped her. PW1 corroborated, stating
he separated them and witnessed another slap in the Deputy Commissioner’s office.
PW2 confirmed that during explanations in his office, Jassey again slapped Kadijatou,
showing disregard for authority.
However, Jassey admitted to a quarrel but denied slapping, claiming it was a
fight. DW1 testified she saw them fighting but conceded under cross-examination that
Kadijatou was slapped. DW2 admitted she arrived late and did not witness the incident.
Accordingly, Magistrate Sowe ruled that the testimonies of PW1, and PW2 were
consistent and corroborative, with even defence witnesses conceding the slap occurred.
The court held that a slap constitutes common assault under Section 227.
While applying sentencing guidelines, the court placed the offence under Higher
Culpability and Greater Harm (Category 1), with a starting point of six months’
imprisonment. Mitigating factors included Jassey’s status as a first-time offender and
her young age. Aggravating factors included repeated assault in an official setting,
undermining workplace discipline.
Therefore, court convicted and sentenced Jassey to six months’ imprisonment in
default of a fine of D10,000; and compensation of D10,000 to the victim, in default to
serve six months at Mile 2 Prison. Sentences are to run consecutively.
Magistrate Sowe emphasised that while the offence was serious, the sentence balances
punishment with opportunity for reform. Jassey retains the right for appeal.
