By Mariama Marong
Justice Sidi Jobarteh of the Banjul High Court on Thursday, 17 July 2025, convicted and sentenced two young men, Joseph Mendy and Buba Kalleh, to ten years in prison for stealing a bicycle with the use of force — an act the court classified as a violent robbery.
The convicts, both in their early twenties, were found guilty on two criminal charges: conspiracy to commit a felony contrary to Section 368 of the Criminal Code, and robbery with violence contrary to Section 272 of the same code.
Justice Jobarteh, in her judgment, stated that the prosecution had proven its case beyond reasonable doubt. “The convicts are found guilty on count one, which is conspiracy to commit a felony, and punishable under the Criminal Code,” she ruled.
On the charge of robbery, the judge cited testimonies from Prosecution Witnesses 1 and 2 (PW1 and PW2), who testified that the accused persons used violence against one Babucarr Tunkara and stole his bicycle at Kotu Bridge on 5 September 2022.
“The testimonies clearly demonstrate that the convicts engaged in robbery and used violence on the victim,” Justice Jobarteh said. “The victim sustained injuries while trying to run away from them.”
She also noted that the stolen bicycle belonging to Babucarr Tunkara was later found in the residence of the first accused, Joseph Mendy.
“The prosecution has successfully proven the second charge. The fact that the bicycle was found in the house of the first convict further strengthens the case of the prosecution,” she added.
In a plea of mitigation, defence counsel T. Jallow appealed to the court for leniency, emphasising the youth and vulnerability of the convicts.
“They are both only 20 years old at the time of the offence,” Jallow submitted. “This age is a difficult period in young people’s lives. They try to make certain decisions and take actions without knowing the implications.”
He described the background of the convicts as challenging, saying: “Manjai and Kololi — these are sensitive environments which don’t have the right training for children.”
Counsel Jallow also informed the court that the convicts were first-time offenders. “I plead with the court not to impose heavy sentences. Instead, consider a light sentence with rehabilitation programs. They are young and can be reformed.”
He concluded by urging Justice Jobarteh to exercise “wisdom and discretion” in sentencing.
In her sentencing remarks, Justice Jobarteh acknowledged the plea from the defence but underscored the gravity of the offence.
“After considering the plea of the defence lawyer, the fact remains that the convicts were engaged in a serious offence — conspiracy to commit a felony and robbery with violence,” she said.
Justice Jobarteh warned of a rising trend in violent robbery among young people. “It has come to the attention of the judiciary that robbery with violence is frequently occurring in our society, particularly among the youth,” she said. “It is therefore necessary to take decisive action to mitigate the rise in violent crime. This is in line with the goals of the criminal justice system.”
The court sentenced each of the convicts to three years imprisonment on count one — conspiracy to commit felony — and thirteen years imprisonment on count two — robbery with violence. The judge ordered that both sentences run concurrently, meaning the convicts will serve a maximum of 13 years in prison. She also ruled that their time already spent in custody at Mile II would be deducted from the sentence.
Justice Jobarteh concluded by expressing hope that the convicts would emerge from prison reformed. “By the time they are released from prison, they will be able to act responsibly and justly,” she said.
Statement of Offence: Count One
Conspiracy to commit felony contrary to Section 368 of the Criminal Code Cap 10:01 Vol. III Revised Laws of The Gambia 2009.
Particulars of Offence:
Joseph Mendy and Buba Kalleh on or about the 5th of September, 2022, at the Kotu Bridge, Kanifing Municipality of The Gambia, and within the jurisdiction of this Honourable Court, conspired between themselves to commit a felony to wit: stole Babucarr Tunkara’s bicycle by using violence on him.
Statement of Offence: Count Two
Robbery contrary to Section 272 of the Criminal Code Cap 10:01 Vol. III Revised Laws of The Gambia 2009.
Particulars of Offence:
Joseph Mendy and Buba Kalleh on or about the 5th of September, 2022, at the Kotu Bridge, Kanifing Municipality of The Gambia, and within the jurisdiction of this Honourable Court, committed robbery by using violence on one Babucarr Tunkara and stole his bicycle.
