- Flynote
- Criminal law
- Case summary
- Court held that that since the trial judge had not deducted the period spent on appeal in passing the sentence the, sentence contravened Art 23(8) of the Constitution and was therefore an illegal sentence. Court considered the mitigating factors in favour of the appellant, (19 years old at time of offence) age and replaced the sentence to 12 years on the basis that the aggravating factors like the victim’s age.
