JUDGMENT R.C. Sock JSC: On the 1st of March 2010 the Appellant was convicted of rape and sentenced to imprisonment for life by the High Court presided over by Hon. Justice Moses B. Richards; He appealed against the said conviction and sentence to the C::ourt of Appeal of The Gambia, which dismissed his appeal. He has now appealed to this Court against the sentence of life imprisonment. The appeal before us is based on a single ground which reads:• I I "The Sentence is harsh and excessive having regard to the Antecedents" Appellant's I::' :ulilllllllllnun . •'' 11111111• f e Iy-t lllltlt· From th.1s soIe ground flows a s1.ngIe 1.ssue fofr.ttd.eterm1.nat1\1otnl. , nAam •,'Iii 1 1' ' • I .' 'tiiJtl ,. I 1 ·, Ill " Whether the exercise of ,th·Lower Court's' dscretion yvhich declined to vary the life sentence imposed on. the Appellapt1 1 was • 4 proper given the Appellant's II antecedents." ' jtl l ' Jllj '1! II' 11! I It II . I • 1 '1 · • I In sum, what it seems to me this Court is asked to determine is whether the Court of .dllll!l.ti Ill 1 · Appeal was right in refusiQg to interfere with the trial judge's exercise of his discretion in 11 passing the''rngimum sent-of lif fbrisonment. ' •ltlll '1111 In th''tJIi'•toul01fel fol 1,t e accused/Appellant, in his plea in mitigation, urged the 1 ' 1111 h II court to considethe fa t • . that the accused had no criminal record; that he was a young 11 rr.,a : working as!aJ} ailor in a Skills Centre to train young people; that he was the "bread IIIIII• winn\l i.f:!Y Y j1p his and that he had shown remorse. Counsel, therefore, urged the court to empec,justice with mercy. (p. 67 of Record). •ldh The trial judge's response to Counsel's plea in mitigation is instructive and consequently f reproduce ull below: ._ SC NO. 212017="NFAMARA SAIDYKHAN VS THE STATE - 7TH MAY 2015 Page I2