reasonable doubt. See: Miller v. Minister of Pensions (1947) 2 All ER 372 at 374. In consequence therefore, I find you guilty as charged and convict you accordingly. Do you have anything to say in mitigation why sentence should not be passed upon you. ALLOCUTUS Mr. Mbye - I would seek that sympathy of the court to tamper justice with mercy. He is a first offender and this is the first time he had been to court. The evidence is such that your lordship has done a thorough investigation of the case to arrive at this conclusion. Your lordship has the discretion in terms of Sentencing. I would urge the court to caution and discharge the accused because he is a first offender. The accused is still a student at the Brikama College and to impose a custodial sentence on him would destroy his career and to a larger extent his life. I would therefore urge that your lordship should caution and discharge him. SENTENCE The court has taken due consideration of the mitigation of counsel on behalf of the accused person. As a result, the court will take the following extenuating circumstances into consideration. 1. That the accused person certainly appears to be a young man with apparently a clean past record, clean in that no previous convictions were alleged against him or proved. 2. That he is still a student at the Gambia College. 3. That it is a fact that the complainant was not an innocent child at the time in that she was already sexually active. Having taken the above factors into consideration, I will exercise my discretion under Section 29(3) of the Criminal Code Cap 10 Vol. III of the Laws of The Gambia 1990 and not impose a direct custodial sentence. I will however not caution and discharge the accused either. Thus under the circumstances, I hereby Sentence the accused to a fine of D20,000.00 in default to 2 years imprisonment without hard labour. ………………….. Hon. Justice A. Bah Judge