The Respondent’s Submissions.
6.The respondent is not opposed to the application and submits that the trial court never indicated whether the time spent in remand was considered during sentencing. Further, the trial court did not indicate whether the nature of the offence and aggravating circumstances if any were considered during sentencing.
7.The respondent further submits that the case at the trial court was concluded on April 13, 2016 and thus the applicant’s right to appeal has lapsed. Further the applicant was charged in the year 2014 and sentenced in the year 2016 and thus he spent 2 years in custody. However, there is no indication whether the applicant was in custody during the entire trial. Nevertheless, the respondent submits that the applicant is a suitable candidate to benefit from the provisions of section 333(2) of the Criminal procedure Code. As such, the respondent prays that the sentence to commence from the date the applicant was remanded in custody pending trial.
10.It is clear from the above proviso that the law requires courts to take into account the period the convict spent in custody.
13.According to The Judiciary Sentencing Policy Guidelines:
14.I have perused the lower court record and note that the applicant was arrested on August 11, 2014 and sentenced on April 13, 2016. The court record also shows that in sentencing the trial magistrate took into account the fact that the applicant is a first offender, the mitigating factors and the gravity of the offence and sentenced the applicant to 10 years imprisonment. It is also apparent from the court record that the applicant was in remand during the pendency of the trial. Further, the record reflects that the trial magistrate did not indicate when the sentence was to start running and thus the period the applicant spent in custody was not taken into account.
15.Consequently, I find this application has merit and allow it accordingly.
16.The applicant’s ten (10) year imprisonment sentence shall commence from the date of arrest, the August 11, 2014.
17.It is hereby so ordered.