Description
Section 235(1) of the CPA-Sentencing without conviction- Remedies available when the sentence entered without conviction.
- The appellant was condemned to serve a term of ten (10) years imprisonment, without being convicted. This was violative of the mandatory provisions under section 235(1) of the CPA.
- That failure by the learned trial magistrate to record a conviction wasfatal and an incurable irregularity.
- The court after being satisfied that the Appellant was sentenced without being convicted ordered the matter to be remitted to the trial court for proper composition of judgment and in the interest of justice, that the sentence to be meted out against the appellant consequent upon conviction should start to run from the day the appellant was initially incarcerated.
