SENTENCE
Court:
By the provisions of Section 310 (3) of the ACJL of Sokoto
State 2019, after conviction while sentencing, a trial court is
required to take into consideration all aggravating and
mitigating evidence or information as a guide in deciding the
nature and extent of the sentence to be passed on the convict.
I have considered the allocutus of the defence counsel above
which was made on behalf of the convict as well as the
response of the prosecuting counsel including the evidence
before this court as presented by both the prosecution and the
defence.
Cognizance must however be taken of the provisions of both
Sections 287 (1) and 60 (1) of the Sokoto State Penal Code
Law 2019 in respect of the punishment provided for the
offences of Robbery and Criminal Conspiracy with which the
convict was convicted. While Section 287 (1) of the said law
provided that robbery shall be punished with imprisonment
for a term of not less than 21 years imprisonment, the
cumulative effect of Sections 60 (1) and 48 of the same said
law, provided that Criminal Conspiracy is punishable with
imprisonment as if the convicted conspirator committed the
principal offence abetted.
By the provision of subsection (5) of Section 510 of the
ACJLof Sokoto State 2019, this court cannot invoke its
discretion under subsection (1) of the said Section 510 of the
Sokoto State ACJL 2019 which deals with imposition of fine
in lieu of imprisonment because the Sokoto State Penal Code
2019 which created the offence of robbery punishable under
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