Sio kwa ubaya, ila the way mods wanavokuwa strict kwenye suala la mijadala inayohusu dini na imani za watu basi na hili la sheria inatakiwa liangaliwe kwa jicho la tatu.
Sio afya kuachia mjadala wa kisheria kwa watu ambao majority hawajui sheria, ni kuibua taharuki isiokua na ulazima.
Ngoja tupate maarifa kidogo kuhusu "
Sentencing" kulingana na kesi husika.
general principles of sentencing..
1. The gravity of the offence, including the degree of culpability of the offender. In considering the seriousness of the offence, the court should look at the nature of the offence and circumstances under which it was committed, the offender and the victim;
2.Impact of the offence on an individual victim or the community as a whole;
3. The offender’s personal, family, community, or cultural background
Sentencing Process
In exercising its sentencing powers, the court shall consider as far as practicable, the accused’s personal circumstances, any other offences committed by accused, totality principle, co-accused’s sentence, any co-operation with authorities and information from the victim.
Having determined the overall seriousness of the offence, the court should consider the following:
The accused’s personal circumstances;
The financial circumstances of the accused if the court is contemplating imposing a fine or other financial orders;
If the accused has provided any assistance or co-operation to the authorities after his arrest which has assisted in the investigation or disruption of criminal activity;
The family circumstances of the accused and likely impact of sentence on dependants;
Offender’s age, mental health or physical disability;
GUIDANCE ON DIFFERENT TYPES OF SENTENCES
1. Death
A death sentence cannot be imposed upon a pregnant woman and a person who at the time of commission of the offence was under 18 years of age.
2. Imprisonment
Since a custodial sentence involves curtailment of one’s freedom,
such
sentence should be passed as a matter of last resort unless the law requires otherwise. Where the law provides for a sentence of imprisonment, accused person may be sentenced to pay a fine in addition to, or instead of imprisonment.
Furthermore, a custodian sentence should not be imposed on the accused on account of his good financial standing on the basis that
if a fine were to be imposed, he would be able to pay it easily.
In case the law provides for a sentence of imprisonment and an option of a fine, a first offender should be sentenced to a fine save where the offence is grave or widespread in the area.
3. Fine
Where a fine is imposed under any law, in the absence of express provisions relating to that fine, the following should be taken into account:
(a) the capacity of the accused to pay the fine must be considered along with the gravity of the offence;
(b) if no sum is expressed to which the fine may be extended, the fine which
may be imposed is unlimited but shall not be excessive; or
(c) the fine should be one which an accused person can reasonably be
expected to pay.
Where an offence may be punishable by a fine and/or imprisonment, the decision is a matter for the
discretion of the court.
Where the statutory provision creating an offence explicitly mentions both imprisonment and fine as methods of punishment, this indicates that a fine has been envisaged by the legislature as the principal mode of punishment,
and imprisonment should not
normally be passed.
If an offence has a mandatory sentence of a fine (e.g., wildlife offences based on the value of the item), then this must be imposed.
Mama Amon