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.