Scribd Logo
Upload

Welcome to Scribd!

  • 26 views

    Plea in Mitigation Edited

    Uploaded by

    Komba John
    The document is a plea in mitigation in the case of The State vs John Brown. [1] John Brown has been convicted of larceny under the Larceny Act of 1916 for a lesser offense carrying a sentence of up to 5 years. [2] Several mitigating factors are presented regarding John Brown's personal circumstances, including that he is unemployed but caring for two children, has no criminal record, and is trying to get a job and reform himself. [3] Witnesses also attest to John Brown's good character and history of helping at the bus depot. The defense argues these mitigating factors warrant a lenient sentence, possibly a short imprisonment or suspended sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content

    You might also like

    Plea in Mitigation Edited

    Uploaded by

    Komba John
    26 views3 pages
    The document is a plea in mitigation in the case of The State vs John Brown. [1] John Brown has been convicted of larceny under the Larceny Act of 1916 for a lesser offense carrying a sentence of up to 5 years. [2] Several mitigating factors are presented regarding John Brown's personal circumstances, including that he is unemployed but caring for two children, has no criminal record, and is trying to get a job and reform himself. [3] Witnesses also attest to John Brown's good character and history of helping at the bus depot. The defense argues these mitigating factors warrant a lenient sentence, possibly a short imprisonment or suspended sentence.

    Original Description:

    Original Title

    Plea in Mitigation edited

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document is a plea in mitigation in the case of The State vs John Brown. [1] John Brown has been convicted of larceny under the Larceny Act of 1916 for a lesser offense carrying a sentence of up to 5 years. [2] Several mitigating factors are presented regarding John Brown's personal circumstances, including that he is unemployed but caring for two children, has no criminal record, and is trying to get a job and reform himself. [3] Witnesses also attest to John Brown's good character and history of helping at the bus depot. The defense argues these mitigating factors warrant a lenient sentence, possibly a short imprisonment or suspended sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    26 views3 pages

    Plea in Mitigation Edited

    Uploaded by

    Komba John
    The document is a plea in mitigation in the case of The State vs John Brown. [1] John Brown has been convicted of larceny under the Larceny Act of 1916 for a lesser offense carrying a sentence of up to 5 years. [2] Several mitigating factors are presented regarding John Brown's personal circumstances, including that he is unemployed but caring for two children, has no criminal record, and is trying to get a job and reform himself. [3] Witnesses also attest to John Brown's good character and history of helping at the bus depot. The defense argues these mitigating factors warrant a lenient sentence, possibly a short imprisonment or suspended sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    IN THE HIGH COURT OF SIERRA LEONE

    PLEA IN MITIGATION IN THE CASE OF:

    THE STATE
    vs
    JOHN BROWN

    SKELETON ARGUMENT ON BEHALF OF THE DEFENCE

    Introduction

    The defendant has been charged and convicted on count of larceny contrary to section 1 of the
    Larceny Act of 1916.

    Determining the category of the offence:

    Offence Category

    1. Following the sentencing guidelines, the defendant’s offence falls within the category of
    simple larceny, which is a lesser culpability, with the sentencing not being more than 5
    years pursuant to section 2 of the Larceny Act of 1916.

    Higher culpability

    2. Following the sentencing guidelines, the higher culpability factor under the Larceny Act
    of 1916 is satisfied solely by the provision for it under the Act. And for those that are not
    provided for under the Act should be categorized as simple larceny which carries less
    sanction.

    Mitigating factors: Personal circumstances

    3. Defendant is a young, 28-year-old man. And even though Mr. John Brown is
    unemployed, yet has stated that since he knows a lot about buses and can drive, he had
    gone to the bus depot with the hope of getting a job there. And even though he is not
    married yet he alone takes care of his two children whose mothers cannot afford taking
    care of them. He had just started attending the Followers of Christ Church, which means
    he is on his way to reformation, and as such offence like this is out of his character. From
    all indication he has been very remorseful and has strongly promised to undergo a total
    reformation if given a second chance
    4. The defendant has been a very helpful person at the bus depot and has been exceptionally
    helping passengers out with their bags and generally involved in the cleaning exercises
    that took place in and around the bus depot. It has been proven by the police record that
    he has no previous criminal record. And in fact, because of his hard work, there is a
    prospect for a real job as plans on starting a part-time driving work with Abess on
    weekends .This prospect indicates a real chance that the defendant is trying to reintegrate
    stronger into society and take care of his children using the extra income will be bringing
    in.

    5. The defendant has been denied bail since he was arrested and placed in custody, and has
    been cooperative despite that.

    Mitigating factors: Character

    6. Even though Mr. Pinket, at page 4 of his testimony, clearly demonstrated to this
    honourable court his dislike for John Brown, yet he did mention that such act of property
    getting lost in their custody has never happened before; and my lady, John Brown had
    been hanging around the premises all these time.

    7. For Janet White, when she was asked if she knew John Brown, she said, at page six of
    her testimony, she has known him for six years, in fact she thought he was a staff of Fast
    and Arrive Travel Company because he has always being helpful to her by carrying her
    boxes and making sure that she was fine; and that she has never had any issue with him.
    She was in fact shocked when the police charged him.

    8. Mr. Frank Stone, in his testimony at page seven, also attested to character of John Brown,
    stating that he has never known him to be dishonest throughout his being at the depot.

    Assistance and co-operation

    9. As mentioned earlier, my lady, the defendant has shown to be co-operative: since the day
    he heard that the police were looking for him, he willing availed himself to them and has
    been in custody since.

    Summary: Reductions in sentencing

    10. My lady, the less severity of the offence and co-operation of the defendant are factors
    which the court may take into account per the sentencing guidelines. And if so, then this
    would result in a sentence at the lowest category range as per my lady’s discretion.
    11. A further downward adjustment should also be considered on the basis of the previous
    submissions regarding mitigating factors. The sentencing guidelines establish any further
    reductions which moves outside of the identified category range may be appropriate
    depending on the factors of the case, which I submit to be appropriate here due to the
    circumstances of the case indicating a lower culpability factor as well as the submissions
    detailed above, including remorse and personal mitigating factors, reducing the
    seriousness of the case. The court may therefore find a further lenient reduction of
    punishment to be appropriate.

    Conclusion

    12. My Lady, even though the defendant is a first offender with no previous conviction
    record, he appreciates that a custodian sentence is justified in this case and I do not
    propose to seek to persuade your Ladyship otherwise. However, this is a case where I
    submit, there are some mitigating features that could enable your ladyship to take a
    lenient view and impose a short period of imprisonment at your discretion; or if it pleases
    my lady, in the wisdom of this honourable court, a suspension of any sentence of
    imprisonment and give the defendant the benefit of the doubt by letting his conviction
    serve as a strong warning to him.

    13. Thank you my lady.

    You might also like