Subject Matter Index

Browse cases by legal subject matter and principles

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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