In discharging this, no doubt difficult exercise, the court has to decide first
on which from the above principles or objective apply better to the facts of a
case and then the quantum of punishment that will accord with it.
In this case, if the objective is deterrence and reformation for the young
Accused Person and I presume they are, then the maximum punishment
for each of the three counts as provided for in the penal code appear to me
particularly excessive in the light of the facts of this case alluded to by
counsel on both sides of the aisle.
In same vein, it is a notorious fact that crimes of this nature appear now to
be prevalent in our clime and the courts as preventive tools in the criminal
justice system must not be seen to encourage criminal acts of this nature
by giving light sentences. The court must therefore here engage in some
tight balancing act: (1) To be consistent and firm in enforcing clear
provisions of the law and (2) To be fair to the Accused Person where true
penitence as in this case is displayed. I have considered all these factors,
particularly the fact that the Accused Person is a first offender with a young
family and so many dependents and who has exhibited sincere penitence
in the circumstances. Rather that insist on his inalienable right to a trial, he
pleaded guilty thereby saving tax payers resources and time of court.
I have similarly noted the notorious fact that the prison system in our
country is faced with enormous challenges not only in terms of capacity but
also its reformatory capabilities.
Having weighed all these including the disposition of the prosecution, I
incline to the view that a lighter sentence appear to me desirable and
appropriate in this case and would fully achieve the noble goals of
deterrence and reforming the accused towards a pristine path of moral
rectitude.
Accordingly, on count one, I hereby sentence the convict to a term of
six(6) months imprisonment but with an option of fine in the sum of
N40,000(Forty Thousand Naira Only).
On count two, I hereby sentence the convict to a term of six(6) months
imprisonment, but with an option of fine also in the sum of N40,000(Forty
Thousand Naira Only).
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