5
PREVIOUS CONVICTION:
COURT: You have now been found guilty of the offences of Attempted
Rape pursuant under section 123 of the Criminal Code. Before sentence is
passed on you, the Court would like to know if you or Counsel on your
behalf will like to say anything in mitigation.
ALLOCUTUS:
Mrs Gbuji: My Lord the convict is a first time offender. He is 32 years old
and has shown sufficient remorse. He is the sole breadwinner of his family.
We urge the court to invoke section 29(2) of the Criminal Code in favour of
the convict. We urge the court to temper justice with mercy.
SENTENCE
I have listened to the plea for leniency on your behalf. I consider the fact
that you are a young man and a first time offender as mitigating factors in
your favour. I also observed your deep remorse for the offence you have
committed. These are extenuating circumstances that I will hold I your
favour.
However, when I consider that your act would have amounted to a very
serious offence, I immediately feel that even if I should temper justice with
mercy, I should in the same breath give a sentence that is commensurate to
your actions. The law requires that you be imprisoned for up to seven (7)
years, but in view of the mitigating factors I have found in your favour, I