Plea Bargaining only refers to a situation where a Defendant had pleaded guilty
to a Charge or a less charge in exchange for a lighter sentence. It does not mean
no sentence at all. Even if a Defendant had restituted or repaid full or any amount
involved in the course of the plea bargaining, it does not mean that she cannot
be sentenced. It only means that she will, having pleaded guilty to the charges,
serve reduced prison terms depending on the terms, extent and condition in the
Plea Bargaining Agreement.
In this case, the convict had repaid more than 2/3 of the amount of money
involved in this suit through the Plea Bargaining Agreement she entered into with
the nominal Complainant. She had equally issued some post-dated cheques yet
to be cashed.
But it is important to note that Plea Bargaining and repayment of moneys
involved in a crime does not exonerate a convict or stand as prison term. Plea
bargaining does not take the place of prison term. That is not the intendment of
the draftsmen of the Administration of Criminal Justice Act 2015 such that once a
convict has repaid or restored all the money in issue, he should not be
sentenced.
It is important to note that the very essence of imposing prison terms is for
deterrence.
By the provision of section 7 of the Federal Capital Territory High Court
Sentencing Guidelines Practice Directions 2016,
“A consideration for the reduction of a sentence upon a guilty plea SHALL
not exceed a reduction by one-third (1/3) of the applicable punishment
prescribed by law.”
Again, under the same Sentencing Guidelines Practice Direction 2016 Act,
JUDGMENT IN FRN VS. NKECHI CAROLINE AMADI
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