Subject Matter Index
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Circumstance where an appellate court will interfere with a sentence
Conditions for committal of an offender by a local, district or circuit court to the High Court for sentencing under the Punishment of Habitual Criminals Act, 1963
Criteria for determining the reasonableness of a sentence
Effect of an order of the trial judge prescribing how a mandatory sentence should be carried out
Effect of failure of a court to impose a proper sentence
Effect of failure of the trial court to pass a sentence on each of the allegations distinctly and separately
Effect of failure of the trial judge to conduct the inquiry required by section 1 of the Habitual Criminals Act, 1963 before sentencing
Effect of failure of the trial judge to consider Article 14(6) of the 1992 Constitution or any mitigating factor in passing sentence
Effect of failure of the trial judge to take into account the period spent by the accused in lawful custody
Exceptions to the rule that a trial judge is not required to give reasons for the sentence
Factors for determining the length of sentence
Factors to be considered by a judge in passing a sentence
Factors to be considered in sentencing on a charge of armed robbery
Guidelines on sentencing
Meaning and aims of sentencing
Mitigating and aggravating factors which influence appropriate sentence in a charge of robbery
Need for the court to take into consideration the time the accused person has spent in custody; whether the period should be left to the appellate court to make inferences
Need for the trial court to comply with article 14(6) of the Constitution
On how a judgment imposing the capital punishment must be reached
On what amounts to excessive sentence
Personal circumstances of the convict that should be considered when imposing sentence
Position of the law on sentencing where the accused person is charged with more than one count
Position of the law where an accused is convicted for two or more offences and one sentence is imposed for both or all the counts
Position of the law where both a term of imprisonment and a fine is prescribed
Principle guiding the court in sentencing first time offenders
Principles for awarding a deterrent sentence
Principles governing the exercise of discretion during sentencing
Principles of sentencing
Principles of sentencing a first offender
Principles of sentencing on a charge of robbery
Principles that aid the court in applying mitigating and aggravating factor in sentencing
Scope of the power of the court to impose an enhanced sentence
Sentencing as a matter of discretion
The appropriate sentence for a second degree felony
The five-fold purpose of a sentence
The four classical principles underlining sentencing
The main factor for considering whether a sentence passed by a lower court is harsh
The minimum and maximum sentences for the offence of robbery
The need for a judge to consider the five-fold purpose of sentencing
The principle of sentencing where the court finds the offence to be very grave
The principle that a Court is mandatorily required to take into account the period an accused has spent in custody, and accordingly declare that it considered and featured it into the consideration of the appropriateness of the sentence
The principle that a lawful conviction is a condition precedent to passing a sentence
The principle that a sentence must be intended to serve a purpose
The principle that sentencing either after conviction in a trial of first instance or, on appeal, is a matter entirely within the discretion of the judge or the court
The principle that the courts should achieve uniformity or parity in sentencing and avoid inconsistency in sentencing
The punishment for armed robbery and aiding, counselling, abetting or procuring anyone to commit armed robbery
The purpose of sentencing
The rule that a court of law is required to impose a separate sentence for each count
The rule that an offence which is of a very grave nature merits severe punishment
The rule that the time spent by an accused in lawful custody before the completion of his trial should be taken into accounts in imposing the term of imprisonment
The rule that the trial court must take into account the period already spent by the accused person in custody
The sentencing principle where the facts reveal an offence of a very grave nature
What the court should consider in determining a sentence
Whether a convict who is physically handicapped is treated with leniency during sentencing
Whether a court can exercise any discretion in sentencing where the punishment provided by the law is mandatory
Whether a court can impose a suspended sentence
Whether a court can order a sentence to be effective from the date of arrest
Whether a court can pass a sentence in excess of that provided by the law
Whether a harsh sentence can be imposed for a trivial sentence and vice versa
Whether a Judge can commute a death penalty to life imprisonment
Whether a plea of guilty is a mitigating factor
Whether a sentence can be backdated to start running from when the accused person was first arrested or detained.
Whether a sentence can take a retrospective effect
Whether a sentence can take effect from a date before the date it was pronounced
Whether a sentence for manslaughter can be reduced
Whether a sentence of 10 years IHL is proper where the accused committed robbery with the use of offensive weapons
Whether a sentence of 10 years imprisonment is reasonable for the offence of stealing
Whether a sentence of imprisonment can be imposed for the offence of armed robbery
Whether a sentence of imprisonment must be with hard labour
Whether a term of 16 years imprisonment for robbery is harsh and excessive
Whether a trial judge can order an offender to pay to the victim the unrecovered money and impose and tack it to a default clause
Whether a trial judge is under an obligation to give reasons when imposing sentence
Whether a trial judge, while sentencing, has the discretion to order an offender to pay to the victim the unrecovered money
Whether an accused person can be convicted for culpable homicide not punishable with death under Section 222(1) of the Penal Code
Whether an accused person whose acts are done in execution of the same design and form one continuous transaction can be sentenced to consecutive sentences
Whether an accused person’s preparedness to make reparation to the victim or his relatives is a mitigating factor that must be considered by the court in imposing a sentence
Whether an appellate court will raise Article 14(6) of the 1992 Constitution where the lower court fails to do so
Whether an error in imposing sentence will nullify the trial
Whether an offender aged 20 years can be sentenced to three years imprisonment for the offence of robbery
Whether any other offence admitted by the accused can be taken into consideration in sentencing him
Whether compliance with Article 14(6) of the 1992 Constitution must be explicitly or implicitly clear on the face of the record
Whether deterrent sentences can be imposed on first offenders
Whether failure of the trial Judge to state that he has considered the period spent in custody is fatal
Whether failure to impose separate sentences for each count is a mere irregularity that does not occasion a miscarriage of justice
Whether failure to pronounce a sentence on ant court will vitiate the conviction on the count
Whether grave offences call for deterrent sentences
Whether hard economic conditions is a legitimate consideration for the reduction of a deterrent sentence
Whether it is proper for the accused person or his counsel to suggest to the court the type of punishment that should be imposed on him
Whether it is proper for the court to impose a huge fine where the primary object is to keep the accused in prison
Whether omission or failure to pronounce a sentence is a reason to remit the case back to the trial Court to decide on the sentence
Whether one sentence can be passed in respect of different counts where one act constitutes several crimes, or where several acts are done in execution of one criminal purpose
Whether remorse can be pleaded to avoid rightful and legally imposed sentences
Whether sentences in respect of acts forming one continuous transaction are to run consecutively
Whether the court can enhance sentence by reason of previous convictions
Whether the court can impose a sentence as alternative to non-compliance with an order of refund
Whether the court can receive evidence before passing a sentence
Whether the court can remand an accused person for two weeks for sentence, after judgment has been delivered
Whether the court can substitute a sentence of death with a sentence of imprisonment
Whether the court can take into consideration previous offences committed by the accused in determining sentence
Whether the court can take into consideration the fact that an accused person is under investigation in a criminal matter
Whether the court must take into consideration the period spent by the accused person in custody where a mandatory minimum sentence is prescribed for the offence
Whether the courts should consider the period an accused person spent on remand as a term of imprisonment
Whether the exact words in the law must be quoted word for word to make a sentence valid
Whether the fact that a convict is of extreme young age or a first offender is considered where the offence committed is grave
Whether the fact that a crime is a "crime of violence" justifies the imposition of a long sentence by the trial court
Whether the fact that an accused person is a first offender is a primary factor to be considered in sentencing
Whether the question of whether a sentence is harsh is subjective
Whether the role played by each accused person should be considered when sentencing accused persons charged jointly and convicted
Whether the sentence for murder can be changed or mitigated
Whether the sentence for the offence of robbery where death does not occur is life imprisonment
Whether the state of prison congestion can be taken into consideration in imposing lengthy and deterrent sentences
Whether the Supreme Court can impose sentence where the trial judge failed to do so
Whether the trial judge must take into account a previous conviction in passing sentence
Whether the value of the subject-matter of the charge and the good record of the accused person is relevant where the court decides to impose a deterrent sentence
Whether the wrong pronouncement of sentence nullifies the sentence and conviction
Whether there is a minimum or maximum term of imprisonment for the offence of armed robbery
Whether there should be discrimination in the sentencing of accused persons
Whether young persons who are first time offenders must be excluded from custodial sentence
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