IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

ISSUE 2
The answer to this issue is in the affirmative, that is to say, the killing
of the deceased Amie Bah by the accused is unlawful. This is
because no iota of evidence is before this Court to justify the killing.
Lawful killing takes place if ordered by the Court to the appropriate
authority and in this case, there is no evidence that it was ordered or
that the accused is an appropriate authority. See SS. 27(a) and
28(1) of the Criminal Code.
Finally, I resolve this issue in favour of the Prosecution.
ISSUE 3
This issue is very crucial or central that I need to repeat it. It is
whether the accused had the intention to cause the death of the
deceased or caused her bodily harm? The centrality of this issue is
better expressed in the Latin maxim – actus non facit reum nisi
mens sit rea - “an act does not make a person guilty unless his
mind is guilty.”
The question is how guilty is the mind of the accused in the killing of
the deceased Amie Bah. The Prosecution at Pages 13 – 14 of his
argument urged me to presume amongst other things that the
accused intended the consequence of his act when he struck the