By: Isatou Sarr &Cecilia E.L. Mendy
Justice Ebrima Jaiteh of the High Court has dismissed the appeal filed by three drivers who were sentenced to three years’ imprisonment by Brusubi Magistrates’ Court for reckless and dangerous driving.
The three appellants: Serign Mass Gaye, Samba Ceesay and Muhammed Bah were originally convicted and sentenced on 20 August 2025 by Senior Magistrate I. Janneh after they admitted guilt to several traffic-related offences.
They were charged with dangerous driving, driving without a valid licence, and the unauthorised use of tinted glass without approval from the Gambia Police Force.
According to the facts presented before the trial court, the incident occurred on 10 August 2025 when the convicts were part of a convoy driving recklessly along the Sukuta–Jabang highway. Their conduct reportedly endangered public safety and led to confrontations with residents of Jabang Village, resulting in damage to several vehicles.
Dissatisfied with the sentence imposed by the Magistrates’ Court, the appellants filed an appeal citing five grounds.
Among their arguments was that the sentences for reckless and unlicensed driving were excessive and disproportionate to the offences committed.
They also argued that the trial magistrate improperly exercised sentencing discretion by failing to consider relevant factors before imposing the custodial sentences.
The appellants further contended that the magistrate failed to properly apply mitigation principles under Section 34 of the Criminal Code. They argued that their guilty pleas and lack of previous convictions should have been taken into account during sentencing.
Another ground raised in the appeal was that the trial court overlooked alternative sentencing options provided under Section 268 of the Criminal Procedure Act, 2025. According to the appellants, the court could have considered non-custodial penalties such as fines or community service.
They also maintained that the sentence was harsh and excessive and did not reflect established sentencing principles.
However, in his ruling, Justice Jaiteh found no legal basis to interfere with the decision of the lower court.
“The court finds no legal basis upon which it can properly disturb the sentences imposed by the Brusubi Magistrates’ Court,” he ruled.
He therefore dismissed the consolidated appeals in their entirety and affirmed both the convictions and sentences imposed by Senior Magistrate I. Janneh.
Justice Jaiteh further stressed that reckless and dangerous driving would not be tolerated on the country’s roads, noting that the courts would continue to enforce the law firmly in order to protect public safety.
As a result of the ruling, the three convicts will continue to serve their three-year prison sentences with hard labour, in addition to the fines earlier imposed by the Brusubi Magistrates’ Court.