October 5, 2021
By: Francis F. M. Harding
Justice Monfred.M. Sesay (JA), a Court Appeal Judge, has sentenced one Sahr Kambo alias Shakur on the 29th September, 2021 for unlawfully killing Patrick Nicolson. The convict was before the court on one count indictment of unlawful killing contrary to the laws of Sierra Leone.
The particulars of offense stated that the convict on the 24th March, 2018 at Freetown in the Western Area unlawfully killed Patrick Nicolson.
State Prosecutor Lawyer Joseph A.K. Sesay made an application for an amendment to the indictment as it relates to the statement of offense by the substitution of the offense from murder to manslaughter, and on the particulars of offense by the deletion of the date 23rd to now read to as the 24th and the word murdered to now unlawfully killed. The prosecution made this application pursuant to section 148(1) of the Criminal Act 1965 Act No.32 of 1965.
The state counsel continued said that no injustice will be caused to the convict if this application is granted as the application is seeking to reduce the offense into an offense with much lesser consequence. The state counsel continued that the application was further made in the interest of justice having considered the evidence lead so far, more particularly exhibit A1-12 and having further reviewed the deposition.
There were no objections by the defense counsel, Justice Monfred.M. Sesay granted the application and he discharged the jurors in the matter and he further ordered that the convict must be arraigned on the amended indictment.
The convict pleaded guilty to the offence of unlawful killing.
When the State Counsel Joseph A.K.Sesay was given the summary facts he said the convict Sahr Kambo alias Shakur was a motor bike rider, who left for the motor park at 555 Waterloo lorry park where there was a bar owned by one Junior Carew.
Sesay continued that the deceased Patrick Nicolson and others were there at the bar drinking alcohol when the convict went to join and later an argument ensued amongst the deceased and others. The convict intervene to cool down the tension among them and then the argument degraded to a fight and later the convict and the deceased engaged in that fight.
The state narrated that during the course of the fight, the deceased was wounded by the convict and later sustained head injury from the fall caused by the convict, the deceased went together with the convict to the Waterloo Police Station to report the matter and because of the severity of the injury the deceased have suffered he was then rushed to the Emergency hospital at Waterloo were he subsequently died.
When the defense lawyer Komba Kanu was making his plea mitigation he said the convict is a first time offender and that he has pleaded guilty to the offense of manslaughter. Defense counsel continued to say the convict has expressed remorse and that he has vowed to be a change person in society as he pray that his lordship temper justice with mercy by sentencing him lesser. He continued that the convict has said the truth and that the judge should consider the honesty of the convict that he has admitted that they were drinking alcohol (Bitter Cola).
While the convict was making his plea mitigation he asked for mercy and that his action was not intentional.
In his judgment, Justice Monfred M. Sesay (JA) before slamming his sentence on the accused person, Sahr Kambo alias Shakur, said having heard the learned defense counsel and that the convict have pleaded guilty and considering the time spent in remand he sentenced the convict to serve a term of 8 years imprisonment.