The court then allowed the State Attorney to
introduce the plea agreement and obtained
confirmation of this fact from defence counsel on
state brief. The court then went ahead to ascertain
that the accused had full understanding of what a
guilty plea means and its consequences, the
voluntariness of the accused’s consent to the bargain
and appreciation of its implication in terms of waiver
of the constitutional rights specified in the first section
of the plea agreement. The Court being satisfied that
there was a factual basis for the plea, and having
made the finding that the accused made a knowing,
voluntary, and intelligent plea bargain, and after he
had executed a confirmation of the agreement, went
ahead to receive the agreement to form part of the
record. The accused was then allowed to take plea
whereupon a plea of guilty was entered.
Having considered the sentencing guidelines and the
current sentencing practice in relation to offences of
this nature, and the fact that the convict has already
spent slightly over one year on remand, court
rejected the submitted plea agreement entered into
by the accused, his counsel, and the State Attorney
and instead, sentence the accused to a term of
imprisonment of10 years.