COURT: Has the convict any previous conviction?
MR. BARKUN: My Lord, there is no previous conviction against the
convict.
COURT: Is there anything you or counsel would wish to say as to why
the law should not be applied as it is?
MRS OGBEDO: My Lord the convict is a first offender. He is a young
offender of about 31 years, with his life still in front of him. He has a
wife and a child and is the sole bread winner of his family and the only
care giver to his parents. He has shown sufficient remorse. If given
another chance, the convict will be reformed. We urge the court to
temper justice with mercy. We urge the court to invoke section 29 (2)
and (3) of the Criminal Code in favor of the convict.
SENTENCE
I have listened to the plea in mitigation presented by counsel on your
behalf. I will consider that you are a first time offender as a mitigating
factor in your favour. I will also consider the fact that you are a young
person as a further mitigating factor.
Your lawyer has urged me to invoke section 29 of the Criminal Code in
your favour by imposing a lesser sentence other than life
imprisonment envisaged by the law. In acceding to that request, I have
considered the special circumstances of this case and reach the
conclusion that your conduct constitutes and pose a serious risks to
unsuspecting commuters. If the use of cab drivers at night by women
13
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