IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

evidence place before it though it was not specifically relied upon as
a defence.
See BULLARD V THE QUEEN
(1957) 42 Cr. APP. R1 at 5.
The accused is not disentitled for the consideration of this defence by
mere reason that he denied in his evidence on oath in Court.
See APPIANING V THE REPUBLIC
(1972) 1GLR.123
According to Exhibit ‘Q’ a quarrel ensued between the accused and
his girl friend the deceased with each accusing the other of infidelity
and it got to a crescendo when the accused specifically referred to a
boy to the annoyance of the deceased who retorted “he is ten times
better than you” – this time to the anger of the accused who reacted
by hitting the deceased with his bangle wrist causing her to fall down
and began breathing heavily. For clarity purpose, I hereby lift that
portion of Exhibit ‘Q’.
“At about 1100hrs she came to my place. She is dressed
in a jean trouser and white top. After few minutes, she
started alleging that I was dating with Binta Gibba which
was not true. She said because of that reason, she also
date with wily. I also told her that she had been lying
about one class mate which I found out and realize was