It is trite law that the prosecution must prove beyond reasonable doubt
each and every essential ingredients of the offence charged before a
meaningful conviction can be secured (MOMODOU JALLOW v.
COMMISSIONER
OF
POLICE
(1960-
1993)
GLR
39
and
WOOLMINGTON V DPP (1953) A.C. 462).
The charge was therefore not proved beyond reasonable doubts. The law is
settled that where the prosecution has failed to prove its case beyond
reasonable
doubts
the
accused
is
entitled
to
an
acquittal
(WOOLMINGTON v. DPP (SUPRA)). In view of the above, I am
compelled at this point to discharge and acquit the accused person. The
accused person SANNA KAH is accordingly discharged and acquitted.
EMMANUEL A. NKEA
JUDGE
ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE
HAND OF THE PRESIDING JUDGE THIS 25TH DAY OF FEBRUARY
2013
............................
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