September 30, 2019
By Ibrahim K. Turay
Justice Momoh Jah Stevens, presiding at the Freetown High Court last Friday (27th September, 2019) convicted and sentenced one Foday Kallon to serve ten years at the Male Correctional Centre on Pademba Road for the offence of robbery.
The convict was before the High Court for the offence of House Breaking and Larceny contrary to Section 26 (1) of the Larceny Act of 1916.
The prosecution had alleged that the convict on an unknown date between 1st January to 30th April, 2017 in Freetown broke into and entered the dwelling house of one Matilda Elizabeth Williams and rubbed her of his properties and physical cash, all to the total value of twenty-eight million, eight-five thousand Leones.
Prior to the sentencing, State Prosecutor, J.B. Kamara, submitted that the charge which the convict was standing trial for in the High Court was a very serious charge that warrants life imprisonment.
He told the court that the complainant in the matter was still suffering from injuries she sustained during the attack, adding that she might incur possible amputation of the left foot according to the medical report that was tendered in court.
He canvassed the judge to slam maximum sentencing as stated in Section 23 (2) of the Larceny Act of 1916, which demand life imprisonment for anyone convicted under the said section.
In her plea of mitigation, Lawyer M. Karimu from the Sierra Leone Legal Aid Board, pleaded with the judge to temper justice with mercy, noting that the accused has not wasted the court’s time in answering to the charges.
She pleaded with the Bench to caution and discharge the convict as he has shown some amount of remorse.
In his judgment, Justice Stevens said he has listened to both the prosecution and the defense and has taken into consideration the seriousness of the case, especially when the victim was still suffering from the injuries sustained from the attack.
He said the court has the jurisdiction to caution and discharge the convict as canvassed by his lawyer, but that such action would not send any massage to people that are engross in attacking innocent people.
He said the issue of robbery is on the increase in the country and that the police and the judiciary needed to step up effort to combat the menace.
“I hold that the prosecution had proved its case against the accused persons and is guilty on counts 1 & 2, and I hereby sentence him to ten years imprisonment on both counts,” he ruled.