In both the lower court and this Court (in the Appellant's Brief of Arguments, filed on the 23rd of April 2015) reference is made to Section 122 of the Criminal Code, which provides that "Any person who commits the offence of rape is liable to be punished with life · imprisonment". Thus, it is argued, that the trial judge had a discretion to impose a lesser sentence having regard to the circumstances of the case. However, Counsel for the Respondent has argued in his brief of arguments filed on the 'l 4th • of May 2015, that "the prescribed and only recognized punishment under the provision of . 'tlt: ltl Ill 1!. ' II , Section 122 of the Criminal Code is life imprisonment." :rhishe argues, is the effect of I 'II \ 11 111I • the use of the word "liable" when given its o dinary meam,ng..1 1)111 1.'.:" i: 1111111111' '1'1:11!1' 1111111 ,,,,,.1 I, IIIII II ' 'q!!!il Even though Counsel in the same1br eath has conceded that Section 29 of the Criminal ill1 ' '• h J Code provides the court with th e discretionary power to impose . a shorter term of ! 'I il I sentence where "a person [is] liable to imprisonment for life", he contends that the 11 I I • ' • I ', discretion contained 1i n11 that sectton is there because of the lack of sentencing discretion 1lilt ' • •I •I J'l'l • under Seci·1l22 of the co'q• .. 1111111• ,1, • 1 l11 ·111 111111 , • 1 1 Ihave address d thi'issue/ jwhich is a new issue raised by Counsel for the Respondent, I ·I,, ·merely to clearlany doubts about the use of the word "liable", which is used throughout 1111 1 he l&timinal Codj J o introduce sentencing provisions. The word "liable" is defined in the 11 ' OxforJ'1cid Learner's Dictionary, 71h Edition, in the context of "liable to 1 so thing" as "likely to be punished. by law for something" with the following example , I '• "offenders are liable tO==fines ofd;lp to $500." Black's law Dictionary, Eight Edition, I SC NO. 212012- NFAMARA SA:IB¥K HAN VSHE STATE - 7TH MAY 2015 age 14