Sentencing

Decisions on sentencing are no more than examples of how Court has dealt with a particular offender in relation to a particular offence

Criminal jurisprudence has developed to some extent except the principles of uniformity of sentence for a particular category of crime but they are not authoritative in a strict sense

Limitation or curtailment of sentencing may be regulated by legislative provisions and other modes of fettering discretion in awarding of punishment may also result from the principles stated by judicial pronouncement

In English and American Laws, component of justice model is the constriction of judicial discretion by promulgation of standards with which judge must substantially comply

Main three strategies are: (a) enactment directly by legislature of a detailed set of principles of sentencing, indicating a normal or presumptive sentence for given classes of case, with specified aggravations and mitigations, leaving sentencing judge very limited discretion; (b) promulgation of standards, by a Commission composed of judges and other interested persons, which would be more detailed than a direct legislative enactment, less exposed to change but at the same time more flexible and capable of amendment in the light of experience; and (c) evolution of guidelines based on an empirical study of current sentencing practice within the jurisdiction concerned

In most of the systems, discretion is vested with Courts in matters of sentencing and passing other related orders

Continuous efforts are made to avoid disparity of sentencing as individualization of sentencing undermines uniformity of sentencing practice and creates disharmony detrimental to public confidence

Under the penal system, discretion is exercised by the Courts awarding sentence.

In exercising its discretion the Court should consider numerous factors such as minimum and maximum sentence which can be imposed on conviction, the role of the accused, and the gravity of the offence, the amount of loss caused to the State, whether the accused shows any kind of remorse, whether the accused is capable of reformation, the age of the accused, the health of the accused, his conduct in jail and how long he has already spent in jail etc.

Such convict deserved lenient treatment in the matter of his sentencing.