sentencing especially section 311 (2),(1) of
Administration of Criminal Justice Act, 2015 in
lieu of imprisonment. The custodian sentence
will not serve the interest of justice and I urge
the Court not to award it. The 1st convict is a 1st
offender and he has displayed good conduct
throughout the entire proceedings. He has
always attended Court. The 1st Convict is the
bread winner of his family and if sent to prison,
it would have adverse effect on his family.
Secondly, I refer the Court to section 416 (2)
(b) (f) and (g) of the Administration of Criminal
Justice Act, 2015 which enjoins the Honourable
Court not to impose a maximum sentence on a
1st offender. I therefore urge the Court to use
its discretion judiciously and temper justice with
mercy as the aim of sentencing is for correction
and deterrent.
Emmanuel:- On behalf of the 2nd convict I prayed the Court
that sequel to section 311 (1) and (2) (c) of
Administration of Criminal Justice Act, 2015
prayed the Court in passing sentence, to
consider a non custodian sentence on the 2nd
convict. The 2nd convict is a man of integrity
and he served this country well before his
retirement. The 2nd convict is a family man with
so many dependants on him. And as he stands
right now, he is alone because he lost his
spouse (wife) who is a supporter of the 2nd
convict. As presently, the 2nd convict is right
now battling with a life threaten ailment, that
requires medical attention every week. If the
2nd convict is incarcerated, we are afraid he
would not be able to meet with the required
medical needs from the prison authorities. The
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