2nd convict is a victim of circumstances. I urge the Court to temper justice with mercy as the 2nd convict has no interest in the plot of land in question. The essence of punishment is to either reform or serve as retribution to others. In both of the public eye and the law, punishment is imposed where it reforms, and it will at best serve the interest of justice. The 2nd convict is a retired civil servant and if sent to prison will not attain the aim of punishment to reform him because he must have learned from his pasts and he is no longer in the civil service to put his reformation into practice. I also refer the Court to section 416(2) (e) of Administration of Criminal Justice Act, 2015 and not to pass the maximum sentence. Micheal:- In passing sentence there are two areas to consider- sentencing without option of fine and sentencing simpliciter. The Court has discretion to even give option of fine and even where it is mandatory, the Court has discretion to grant a lesser punishment in form of sentence. Sentence:Court:- In passing the sentence on the 1st and 2nd convicts on the first count, I have listened to the submissions of Counsel in their plea of allocutus on behalf of the 1st and 2nd convicts. I have listened to the passionate plea of the 1st convict’s Counsel to the effect that the 1st convict is a 1st offender and that throughout the trial, the 1st convict has been attending trial and shown good conduct throughout the hearing and determination of this case. He further submitted on behalf of the 1st convict that the 1st convict has a family and dependants that depend on him for their 60

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