By Kebba AF Touray
The National Assembly has commenced deliberations on the Criminal Offences Bill, 2020, a sweeping legislative proposal that aims to overhaul The Gambia’s Criminal Code and impose stringent penalties on serious offences, including murder and manslaughter.
The Bill, tabled during the Assembly’s first ordinary session of the 2025 legislative year, prescribes life imprisonment for those convicted of murder and other fatal crimes.
Clause 157 of the bill stipulates that “a person convicted of murder shall be sentenced to imprisonment for life.” In Clause 155, manslaughter is defined as an offence committed when a person causes the death of another through unlawful harm. The penalty for this, as stated in Clause 158, is also life imprisonment.
The legislation seeks to provide clarity in cases involving provocation and suicide pacts. Under Clause 160, a killing committed “in the heat of passion caused by sudden provocation” is downgraded from murder to manslaughter — provided the act occurs before the offender has time to regain composure.
Clause 163 addresses deaths resulting from suicide pacts. According to the bill, a person who kills another or assists in a death under such a pact may be convicted of manslaughter. The pact must reflect a mutual agreement between two or more individuals intending to end their lives. However, an act is only considered part of the pact if carried out while the person “has the settled intention of dying in pursuance of the pact.”
Clause 164 offers a comprehensive definition of what constitutes causing death. A person may be deemed responsible even if their action is not the direct or sole cause. For instance, if a victim undergoes medical treatment that results in death — whether proper or mistaken — the initial assailant may still be liable, provided the treatment was administered in good faith and with ordinary skill.
However, the bill also makes exceptions. If death results from treatment lacking good faith or basic medical competency, the link to the original injury is broken. Similarly, if a victim’s failure to seek or adhere to proper treatment or precautions contributes to their death, the offender may still be held accountable under Clause 164(B).
Clause 166 further categorizes murder, manslaughter, infanticide, and other death-causing crimes as “fatal offences.”
Debate on the bill is ongoing, and lawmakers are expected to continue scrutinizing its provisions in future sittings.
