Justice Arnie Joof, JA, as she then was, concluded in the lead judgment of the lower court
that "in the instant case, that is not the nature of the complaint" and therefore found that
the appellant had "not
circumstances."
made ·out any case to warrant
... interference in the
The same principles are equally applicable whether the exercise of
discretion forms the basis of a decision or a sentence, as in this case.
It is obvious from the sole
ground in this appeal that the only complaint is that the
sentence of life imprisonment imposed by the trial court and affirmed by the lower court is
"harsh and excessive "in the circumstances of this case, and"not, as stated, "having
regard to the Appellant's antecedents," of which there is no r evidence. , What
Counsel for
I
the Appellant regards as the "Appellant's antecedents" are
matters really concerning the
' f1
.,
I I
•II
character of the Appellant, which Counsel qrgues ought, to have been considered by the
ll
•
trial judge.
I,IIUIIIIIIIIIn·
IIIII
11111,
'IIlli'
h,
..
'
.
i• I'
'
..
It seems to me that the matters 'touching on the Appellant's character, as d1st1lled from
both the plea in mitigation at the trial court and the Appellant's briefs in the lower court
•
'I
llllll
and this Court are as follo'<:'s: .
Ifill
,. II It,
•r.l
•I. ih '
The Appellant is a first time offender and a young man;
A.
•tllllliJI' ,
B.
•, lltiJI!l
' lotlllit•
i;-ie was involved lin1 the running of a Skills Centre as a tailor, and the training
.: 'Il lllh of''I yquh
til
1111;
g people i_n,the community;
II dllll'lltW''
1
, 11 11.
11
:
II
f
lilt
II :11
1
(
.
I
C.
1
llll
.
He was the IJread winner of his family; and
<i: :
lllllllllih lllli!h J?.'J"I :· H
shown remorse and repentance.
1
tlh
These are the matters which the Appellant's Counsel argues ought to have been given due
1,.
nsideration by the trial judge in imposing sentence.
SC NO. 212012- NFAMARA SAIDYKHAN VS THE STATE-
7rH
MA\'7015
Page
I8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents