- Flynote
- Civil Procedure|Criminal law
- Case summary
- The court observed that the court had considered the age of the girl and the fact that the appellant was a relative to the victim. The court stated that the Court of Appeal is empowered on an appeal involving a matter of law, fact or both to vary, uphold or overturn the sentence. The court also considered the procedure adopted by the Court of Appeal in enhancing the sentence. The court observed though the Court had informed both parties that it intended to enhance the sentence, the right procedure was the requirement that prosecution had to file a cross-appeal showing intent to appeal against the sentence and served in time to the cross-respondents. The appeal was thereby allowed and the court reinstated the sentence imposed by the trial court.
