This small appeal has brought into focus the difficult question of the punishment or sentence of co-defendants; the fact that co-defendants have been punished at the same time draws attention to any discrimination between them.
In this case the first accused whom the learned circuit judge described as a young girl (which description is not quite correct as learned state attorney informed the court that she was a young woman of twenty-two years), was charged jointly with the second accused, the appellant herein. Both defendants pleaded guilty, the young woman was bound over to be of good behaviour and the appellant herein was sentenced to nine months’ imprisonment.
The appellant has argued that there was no justification for the discrimination and that having regard to the sentence imposed on the first accused, which in fact meant that the first accused was not punished, the sentence of nine months on, the appellant was excessive and harsh.
The appellant further urged that the per…