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Legal Practitional Insight Needed - Politics - Nairaland

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Legal Practitional Insight Needed by EFCC1(m): 7:46pm On Sep 19, 2013
actually i dont know which section to post this question;i assumed politics also covers legal issues.
Here is what i want understanding on...if someone i convicted of crime in a court n got maybe 5yrs n that person decide to appeal in another court and still got convicted(maybe 10yrs this time..lolz fr1pan 2 fire).
Is this scenerio possible? N if so can the person choose the former punishment?
Abeg make una respond o...@mod God ask me 2 tel u to p.i.o.h.p
Re: Legal Practitional Insight Needed by Nobody: 8:09pm On Sep 19, 2013
^^
I don't think the Appeal Cout can increase the punishment of the convicted criminal, because the Appeal Court only decides if the law was applied correctly by the lower court. In fact, no new evidence can be presented in an appellate trial. Therefore, the lower court's verdict of a 5-year jail term would still stand.
However, the appellate Court can still rule that the convict should discharged and acquitted based on the application of the law by the lower court.
Re: Legal Practitional Insight Needed by Delafruita(m): 8:31pm On Sep 19, 2013
the appeal can only adjudicate on the judgement delivered by the lower court.it can either affirm the judgement or throw it out.it cannot elongate it or reduce it.
Re: Legal Practitional Insight Needed by Provie(m): 9:01pm On Sep 19, 2013
If from d nature of d case d prosecution is aggrieved on d jail term, say, 3yrs out of d maximum 21 stipulated by law, d prosecution can appeal (or cross-appeal) the Sentence. In dis case, d appellate court can increase the jail term.

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Re: Legal Practitional Insight Needed by Deevee29(m): 9:55pm On Sep 19, 2013
An appellate court after evaluating the decision of the lower court can alter it. There is no law prohibiting it from increasing or reducing the sentence of the lower court. It should however be noted that where the appellate court increases the sentence,that is the subsisting judgment and the accused has no option of picking the lesser sentence of the lower court.
Re: Legal Practitional Insight Needed by SterlingTowers(m): 10:23pm On Sep 19, 2013
Working with your scenerio off course the person can get a higher sentence at the appellate Court. More importantly before the person makes a decision that could be life altering why not consult a lawyer that could lay bare to the person all the options available to him especially the full details of the case and a pardon could also be worked out if the conditions are met before I forget to add that but stop shirking payment of consultancy fees the person should pay a lawyer before cutting corners via Nairaland. I perceive some of the posters above are lawyers as I am. You can start from there.
Re: Legal Practitional Insight Needed by EFCC1(m): 6:58pm On Sep 20, 2013
Thanks to everyone who took their time to reply my post...from CFCfan to sterling tower

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