Madengwa noted that with many cases pending for re-sentencing
, there was a likelihood that a number of life jail terms might be commuted to sentences with definite timelines.
Mr Mzuri is among hundreds of death row convicts whose sentences have been commuted to definite jail terms which many will serve under probation in the comfort of their homes.Mr Mzuri had already served almost 15 years in jail after he was found guilty and handed a death sentence for the murder of his wife in Changamwe, Mombasa County, on May 27, 1999.CHANGED MANIn re-sentencing
Mr Mzuri, Justice Eric Ogola said the progress report from the prison portrayed a changed man.
Last year, the death sentence for killing Mr Wilson was overturned by an appeals court before, last month, the jury at the re-sentencing
hearing placed him back on death row.
Notably, the Supreme Court of Canada remitted the case to the British Columbia Court of Appeal for re-sentencing
, recognizing that the original sentence may have been influenced by the minimum penalty.
(71) The Missouri Court of Appeals for the Southern District explained that if "the trial court imposed consecutive sentences instead of concurrent sentences based on a misunderstanding of the law, such conduct is plain error and the defendant is entitled to re-sentencing
," but if the sentence was imposed based on other valid considerations, resentencing is not required.
An appeals court judge stated that re-sentencing
Malvo would require the courts to decide whether he is "one of the rare juvenile offenders" who can be sentenced to life without parole due to "crimes [that] reflect permanent incorrigibility," rather than "the transient immaturity of youth."
That sentencing was not erroneous in light of the testimony of the probation officer and the court's conclusion that he defendant "lacked credibility" in explaining her position, a conclusion that is "virtually unreviewable on appeal." The court's re-sentencing
was substantively reasonable, taking into account the requisite sentencing factors.
More recently, some judges have started taking seriously the possibility that they might suspend the passing of sentence by placing the offender on probation and making it clear that any violation of the terms of probation would trigger their re-sentencing
for the original offense and that such a re-sentence will almost certainly involve imprisonment.
"We are now revoking your community order and conditional discharge and re-sentencing
Application to revoke a community order without re-sentencing
on mental health grounds.
murder in re-sentencing
hearings mandated under Montgomery's