GENERAL PRINCIPLES OF SENTENCING

1.0 INTRODUCTION

Sentencing is the process of pronouncing a particular punishment on the accused person who has been found guilty by the trial court. The sentence on the accused is based on the principle law which has created the offence and which has also provided for the sanction provided in that particular offence.
However, greatly though, it is a decision based on the discretion of the court, which influences the court’s decision on the sentence against the accused. It is a natural process of handling the society.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

1. state the principles of sentencing explain idea behind the principles of sentencing decide on the particular principles of punishment in order to ultimately decide on the nature or types of sentencing.

3.0 MAIN CONTENT

3.1 Detailed Work

Sentencing is the way in which principles of punishment are applied to individual cases for the desired results. The law as contained in the constitution and other enactment is that the penalty for an offence must be prescribed in a written law. That means that the law sets down the maximum punishment for an offence depending however on, the seriousness or otherwise of the offence committed or complained of. In practice, maximum punishment prescribed by law in respect of certain offences are very rarely imposed, because in most cases, a large area of discretion is left with the courts to decide what the exact nature and extent of a sentence will be. In exercising their discretion, the courts must not exceed the maximum punishment prescribed by the law or the limits to their own powers and jurisdiction.


Okonkwo and Naish submit that sentencing ought to be a rational process in the sense that a sentence should be passed with a specific principle or principles (which have been discussed earlier). Thus the principle to be applied and the type of sentence to be given may vary according to the needs of each particular case.


Sentencing therefore depends on the nature of the offence committed by the offender. For example, for a minor offence where deterrence is though appropriate and likely to be effective, a fine may be sufficient. Where the offence is grave but it is still felt that consideration of the individual offender is paramount, then there may be committal to some sort of reformative institution. Where the court considers that the need of the community must override the individual’s then the severer the penalty permitted by law for example imprisonment may be imposed. The courts are often thrown into grave decision of policy at the two stages of sentencing process. In the first place, they have to decide from amongst the conflicting principles of punishment which they should apply to the facts of a particular case. In the second place, having settled for a particular principle, to apply, they must discover which type and what quantum (measure) of sentence will be accorded with it. But it seems plain to say that all too often, a punishment is imposed because it is the traditional one for that type of offence and some busy judges and magistrates do not see the need for a conscious and deliberate thought about the philosophy and practice of punishment when handing down their sentences.


However, one is quick to add that the selection of the appropriate penalty is not an easy matter, for the courts must bear in mind, the effect of the penalty both on the offender and the society.

3.2 The English Position

In England, the Streatfield committee of 1961 suggested inter alia that a principle for all sentencing should be predicated on the fact that the court should have reasonable grounds for believing the sentence is likely to have the desired effect – which is believed to be based on properly marshaled observation of the results of similar sentences imposed in similar circumstances in the past.

3.3 The Nigerian Position

In Nigeria, at the moment, although a court must give adequate reason (ration) for its decision on a point considered sound, it is not forced to give reasons when it sentences.
It is stated here that the courts, in sentencing, should be guided by the appropriate principles of punishment, so that such sentencing should provide the desired results intended by the court and the intended effects on the offender and larger society.

4.0 CONCLUSION

Sentencing is not a mechanical process as the judges themselves are not mechanical calculators. They apply the principle of laws to diverse cases and this informs different results as a result of surrounding circumstances of each case. Sentencing is not an arithmetical act with a predetermined result.

5.0 SUMMARY

Sentencing is a punishing mechanism The sentence is predicated on the principal law. The principle to be applied in sentencing depends on each particular case. The penalty to be visited on the offender should have rehabilitative effect on the offender and positive impact on the society.
In Nigeria, the court is not compelled to give reasons when it sentences.

6.0 TUTOR-MARKED ASSIGNMENT

1.  What is the process by which a convicted criminal could be made to pay for his misconduct?
2. Mention the organ properly constituted and authorized to sentence an offender.
3.  What is the view of English Streatfield committee of1961 on sentencing?