CRIMINAL LAW AND PRACTICE – SENTENCING – Discretionary powers of court to impose lesser sentence – Need to exercise discretion judicially and judiciously – When an appellate court may interfere with exercise of discretion by the trial court

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“Where the law prescribes the maximum term of imprisonment for an offence, the trial court has discretion to impose less but not more than the maximum sentence prescribed. The discretion must be exercised judicially and judiciously, having regard to the facts and Circumstances of the case. An appellate Court will not interfere with the exercise of discretion unless it is shown to be improperly done by the Court, or that the Court acted arbitrarily or took irrelevant matters into consideration. See: IDAM VS F.R.N. (2020) LPELR 49564 (SC) at 9 1o C – C, EROMOSELE VS F.R.N. (2018) LPELR 4385 (SC) 32.” Per TIJJANI ABUBAKAR, JSC in PATRICK EZERIKE V. THE STATE (2022-LCER-46643-SC) at P. 23; Paras.

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CRIMINAL LAW AND PRACTICE – SENTENCING – Discretionary powers of court to impose lesser sentence – Need to exercise discretion judicially and judiciously – When an appellate court may interfere with exercise of discretion by the trial court

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