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The applicant has moved this court to exercise its revisionary powers and review his sentence.
The applicant was convicted for the offence of robbery with violence and sentenced to serve 15 years imprisonment.
The applicant contends that the trial magistrate in sentencing him did not take into account the period he has already spent in remand.
The Lower court record was placed before me and a upon a careful perusal of the same, I noted that the trial court did not make any mention of the period the applicant had spent in custody prior to sentence.
The sentencing notes are silent on the matter yet Section 333 (2) of the Criminal Procedure Code specifically requires a court in sentencing to take into account the period an accused person has been in custody before sentence.
Accordingly in exercise of the supervisory jurisdiction of this court under Article 165(6) of the Constitution as read together with Section 362 of the Criminal procedure Code, I hereby review the sentence of 15 years imprisonment to the extent that it does not include the period spent in remand prior to the conviction and sentence and order that the same shall be computed from the 21 st December 2018 when the applicant was arrested and placed in custody.
It is so ordered
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The applicant has moved this court to exercise its revisionary powers and review his sentence.
The applicant was convicted for the offence of robbery with violence and sentenced to serve 15 years imprisonment.
The applicant contends that the trial magistrate in sentencing him did not take into account the period he has already spent in remand.
The Lower court record was placed before me and a upon a careful perusal of the same, I noted that the trial court did not make any mention of the period the applicant had spent in custody prior to sentence.
The sentencing notes are silent on the matter yet Section 333 (2) of the Criminal Procedure Code specifically requires a court in sentencing to take into account the period an accused person has been in custody before sentence.
Accordingly in exercise of the supervisory jurisdiction of this court under Article 165(6) of the Constitution as read together with Section 362 of the Criminal procedure Code, I hereby review the sentence of 15 years imprisonment to the extent that it does not include the period spent in remand prior to the conviction and sentence and order that the same shall be computed from the 21 st December 2018 when the applicant was arrested and placed in custody.
It is so ordered
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