By Dickson Jere
Two youngsters murdered a woman in Sinda – Eastern Province. They were arrested and charged with murder. After trial, the High Court found them guilty and sentenced them to life imprisonment. The Judge did not find any “extenuating circumstances” to give them a lesser sentence.
Having been sentenced, the two youngsters appealed to the Court of Appeal against the life sentences, arguing that they were children at the time they committed murder and should therefore not have been sentenced to life imprisonment.
A panel of three Judges of the Court of Appeal was constituted to determine the appeal. Having looked at the court record, they determined thus;
“At the time the appellants were being sentenced, although their actual ages were not ascertained, it was not in dispute that they were below the age of 18 years at the time they committed the offence,” the Judges observed.
They further noted that in 2022, Parliament amended the Penal Code which prescribed the sentence for a person convicted of murder if such person is below the age of 18 years.
The Court of Appeal noted that the law then provided that a person under 18 years who is convicted of murder cannot be sentenced to death or life but rather detained during the President’s Pleasure.
“It follows, that having found that there were no extenuating circumstances, the trial Judge should have complied with the section 25(2) of the Penal Code and ordered that the appellants be detained during the President’s Pleasure,” the Judges ruled.
“In view of that error, we set aside the sentences of life imprisonment and we order that the appellants be detained during the President’s Pleasure, for this is the sentence that was in place at the time the appellants committed the offense,” the Court further guided.
Case citation – Juvenile D.B and Another v The People (Appeal No 27/2023) and Judgement delivered last month.
When a person is detained during the President’s Pleasure, a Report is supposed to be given to the President every six months indicating whether the behavior of the person has changed during rehabilitation. If the President is satisfied with the rehabilitation or treatment, that person can be released.
