any form. On the part of the 2nd convict, the record has shown he
is a civil servant, and he has an aged mother and the sole child of
the mother. The wife of the 2nd convict is under medical care and
she just lost her seven months pregnancy. The 2nd convict will
also undertake to maintain good conduct and not to associate
with any bad conduct that will result into crime. The 2nd convict
has never committed any crime or convicted in the past. He is a
first offender. The relevant laws in which the convicts were
charged conferred wide discretionary powers on the Court. I
apply that the Court suspend the punishment of the convicts as
they are first offenders.
In the alternative such fines as are reasonable to imposed.
Akponimisingha::-
In
response
i
refer
to
section
312
of
Administration of Criminal Justice Act, 2015 does not apply. From
our record we do not have previous records of conviction.
However the 1st convict in his testimonies in exhibits 6 and 6(a)
that the 2nd convict took him on bail and i urge the Court to take
into account section 416 Administration of Criminal Justice Act,
2015.
COURT SENTENCE
In passing the sentence on the convicts, i take into account the
passionate plea of the learned Counsel on behalf of the convicts
that they are first offenders and that they have never been
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