sustenance and that he is no longer in public service.
Learned Counsel submitted that the essence of
sentence is to serve as a reformation or deterrent
and by the whole hug of trial that the 1st convict has
gone through, he has learnt his lessons. He therefore
urged me to take into account section 311 (1),(2)
and 416 (2) (b), (f) and (g) of Administration of
Criminal Justice Act, 2015 and impose noncustodian sentence on the convict.
The learned Counsel for the 2nd convict also made
similar submissions like the learned Counsel for the
1st convict but added that the 2nd convict is a 1st
offender, a man of integrity and that he served this
country well with an unblemished record. He added
further that the 2nd convict just lost his wife and he is
equally battling with life threatening ailment which
requires the 2nd convict to have medical attention
every week. He therefore urged me to apply section
311 (1), (2) (c) and 416 of Administration of
Criminal Justice Act, 2015 and impose non-custodian
sentence on the 2nd convict. The learned prosecuting
Counsel in his submissions stated that the essence of
sentencing are twofold sentencing without option of
fine and sentencing simpliciter. He however
submitted that even where the Act or statute did not
provide discretion to be exercised by the Court, the
Court can still exercise its discretion by passing a
lesser sentence and not the maximum.
Now having listened to the submissions of Counsel I
have perused sections 311 (1) (2) (c), 416 (1) and
(2) of Administration of Criminal Justice Act, 2015.
In the instant case although section 19 of the
Corrupt Practices and Other Related offences Act
2000 did not make provision as regards discretion of
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