Thursday, April 18, 2024

Factors that may affect Jowie’s jail time as judge postpones his sentencing

Justice Nzioka, on Friday March 8, criticised the Workplace of the Director of Public Prosecutions, the household of Monica Kimani and the accused for the late submissions.

She additionally famous that the accused individual, Jowie, had appointed one other lawyer to symbolize him alongside his different counsel.

Jowie’s defence group requested seven extra days to answer the paperwork filed by the sufferer’s household and the pre-sentence report, citing late submission by Monica Kimani’s household and the ODPP.

The household of the sufferer filed the paperwork on Friday morning, whereas the ODPP filed them on Thursday night.

“Due to the late service, we have to digest what has been filed, for us to have the ability to handle the court docket,” Jowie’s lawyer mentioned.

Nevertheless, Justice Nzioka declined to grant the accused’s request for seven extra days.

She as a substitute postponed the sentencing to Wednesday, March 13, to permit the accused to file the mandatory responses by Monday, March 11.

Justice Nzioka famous that Jowie’s sentence will think about all of the paperwork filed, together with the pre-sentence report.

A pre-sentence report is a doc ready for the court docket after a defendant has been convicted or pleaded responsible to an offence however earlier than they’re sentenced.

This report is ready by a probation officer or a court-appointed officer and serves a number of functions:

It gives an in depth evaluation of the defendant, together with their background, character, psychological and bodily situation, and every other related components that may affect the sentencing resolution.

The report evaluates the chance the defendant poses to the general public and the chance of reoffending.

This threat evaluation helps in figuring out essentially the most acceptable sentence to scale back the probabilities of future offences.

Primarily based on the findings, the report might embody suggestions for the kind of sentence that may very well be simplest in rehabilitating the defendant or defending the general public.

These suggestions can embody imprisonment, neighborhood service, probation, or participation in therapy packages.

It gives the court docket with detailed details about the defendant’s private circumstances, reminiscent of employment standing, household ties, monetary circumstances, and any earlier prison historical past.

This data aids the decide in understanding the context of the defendant’s actions and in making a extra knowledgeable sentencing resolution.

The decide just isn’t certain to comply with the suggestions of the pre-sentence report however often offers them appreciable weight.

The first objective of the pre-sentence report is to allow a good and individualised sentencing course of that takes into consideration not solely the severity of the offence but in addition the non-public circumstances and rehabilitative wants of the defendant.

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