Closing Address And Sentencing Flashcards
What is a final or concluding address?
It is a summary of each party’s case filed after the close of evidence.
What is the order of presenting the final address?
The accused addresses the Court first, followed by the Prosecution’s reply, and the Accused has a right to further reply on points of law.
Is the final address part of the evidence?
No, it is not part of evidence and does not vitiate the trial if not done.
What happens if the parties are denied the right to final address?
It will invalidate the trial and any conviction.
What determines a prosecutor’s right of reply?
It depends on the conduct of the defence and the status of the prosecutor.
What is the automatic right of reply for a law officer?
A law officer has an automatic right of reply to the final address of the accused.
When does a police officer or private prosecutor have a right of reply?
If no witness was called for the defence except the accused or a character witness, and no documents were tendered, then there is no right of reply.
What must a valid judgment contain?
It must contain points for determination, the court’s decision on each point, reasons for the decision, and must be dated and signed.
What is the time limit for delivering a judgment?
A judgment must be delivered within 90 days after the final addresses.
Who generally delivers the judgment?
The judge who heard the case from arraignment till delivery of final address.
Can a judge amend a judgment after delivery?
Generally, no, except to correct clerical errors.
What are the components of a judgment in a criminal trial?
Conviction, allocutus, and sentencing.
What is a conviction?
It is an act of a court adjudging a person guilty of a punishable offence.
What happens if a conviction is not entered before sentencing?
It may invalidate the judgment.
Can a person be convicted for an offence not expressly charged?
Yes, under certain circumstances, such as being convicted for a lesser offence.
What is allocutus?
It is a plea of mercy aimed at urging the court to temper justice with mercy.
What is sentencing?
It is the pronouncement by the court imposing punishment after conviction.
What is a concurrent sentence?
A sentence served at the same time as another sentence.
What is a consecutive sentence?
A sentence served one after the other.
What is the effect of considering other charges in sentencing?
The accused will not be liable for those offences unless the conviction is set aside on appeal.
What is the maximum sentence for an offence?
It is the prescribed sentence by the law creating the offence.
What is the prescribed punishment for capital offences?
The death penalty is mandatory for capital offences.
What is the mode of execution for the death sentence?
It shall be by hanging or lethal injection, depending on jurisdiction.
What are exceptions to the death sentence?
Pregnant women and children below 18 years cannot be sentenced to death.
What is caning?
It can be imposed along with or in lieu of imprisonment, but has been abolished in Lagos State.
Who cannot be subjected to caning?
Women, men 45 years and older in the South, and men under sentence of death.
What factors affect the sentence of caning?
The sentence of caning is subject to the health condition of the offender.
What is the time limit to file an appeal against a sentence of caning?
An appeal against a sentence of caning shall be filed within 15 days from the date of sentence.
Who shall not be subject to caning?
The sentence shall not be passed on a woman.
What is the age limit for men to be subject to caning in the South?
It shall not be passed on a man 45 years and above in the South.
What is the age limit for men to be subject to caning in the North?
It is 40 years in the North.
Who else is exempt from caning?
It shall not be passed on a man under sentence of death.
What is HADDI LASHING?
HADDI LASHING is passed only on Muslim offenders in the North for offences like adultery, defamation, injurious falsehood and drinking of alcohol.
What is the aim of HADDI LASHING?
The aim of the punishment is to inflict disgrace/shame and not to cause physical pain or injury.
Are women exempt from HADDI LASHING?
Women are not exempted from HADDI LASHING.
What considerations are taken into account for HADDI LASHING?
The health of the person and the season of the year is put into consideration.
