justice with mercy. To the best of my knowledge, the
convicts are first term offenders.
SENTENCE
Court:
By the provisions of Section 310 (3) of the ACJL of Sokoto
State 2019, a trial court after conviction while sentencing
the convict, is required to take into consideration all
aggravating and mitigating information or evidence as a
guide in deciding the nature and extent of the sentence to
be imposed on the convict.
I have taken into consideration the allocutus made by the
defence counsel on behalf of the convicts as well as the
response of the prosecuting counsel before passing this
sentence on the convicts as a guide in deciding the nature
and extent of the sentence to be imposed on the convicts.
By the provision of Section 195 of the Sokoto State Penal Code Law
2019, whoever causes the death of any person by doing an act not
amounting to culpable homicide, but done with the intention of
causing hurt or grievous hurt, shall be punished with imprisonment for
a term which shall not be less than seven {7} years or with fine of not
less than five hundred thousand naira or with both.
From the wordings of the section it is very clear that a trial court has
been given some discretion to exercise in relation imprisonment or
option of fine in lieu of imprisonment.
It is trite law that where a statute gives discretion to a trial court to
exercise in sentencing the convict and it has become judicious and
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