take into account section 416 of the Administration of Criminal Justice Act, 2015. Thus, based on section 416 the Court can still exercise discretion. COURT:In passing the sentence on the 1st and 2nd convicts, I take into account the plea of allocutus presented by their counsel to the effect that both convicts have families and they are the bread winners. Secondly I also take into account the consequences that the children of both convicts would suffer especially their wellbeing and education if the minimum sentence is impose on the convict. More importantly, the convicts are first offenders and they have really shown great remorse in their actions. Thus, as rightly submitted by the learned prosecuting Counsel, by virtue of section 415 (2) (a) and (b) of the Administration of Criminal Justice Act, 2015, it provides:(2) In exercising its discretion of sentencing or review of sentence, the Court shall take into consideration the following factors, in addition to the provisions of section 401 of this Act. (a) Each case shall be treated on its merit, (b) The objectives of sentencing, including the principles of reformation, shall be borne in mind in sentencing a convict. Now taking into account the plea of allocutus of the 1st and 2nd convicts by their counsel and the provisions of the Administration of Criminal Justice Act, 2015, it appears the purpose of sentence on any convict is to serve a particular purpose that will be beneficial not only to the society and victims but also to the convict himself. In the circumstance of this case, by the plea of their Counsel, the 1st convict’s marriage has suffered separation and the children of the marriage are under her custody. These are innocent persons and leaving them open to the society without proper care, they may fall victims of societal ills. We do not want that to happen. Thus, the convicts having shown remorse to the actions they got themselves involved in and have repented not to engage in such nefarious activities again and they are willing to restitute the victim, and they are also first offender, 42

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