AFARI vs. COMMISSIONER OF POLICE

JUDGMENT OF COURT In its judgment read by van Lare J.S.C. the Supreme Court held that: It is clear in our view that where there are no other charges pending against an appellant at the time of his conviction it is an error in law to take into consideration any other offence admitted by the appellant in sentencing him. There is no doubt that the sentence of eighteen months' imprisonment with hard labour reflects the consideration the circuit judge gave to the alleged other offences, otherwise the sentence would have been less. In the circumstances, the term of imprisonment imposed has been enhanced on a wrong principle of law, and should therefore be reduced. The appeal as to sentence is therefore allowed and the sentence imposed at the trial is reduced to twelve months imprisonment with hard labour.