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
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