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,
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