Yeakula et al. v RL [2014] LRSC 49 (5 November 2014)
Yeakula et al. v RL [2014] LRSC 49 (5 November 2014)
Reagan Yeakula, Mack Yeakula et al., of the City of Monrovia, Liberia, APPELLANTS VERSUS Republic of Liberia, by and through Daniel Clarke, also of the City of Monrovia, Liberia, APPELLEE
APPEAL
JUDGMENT
When the case was called for hearing, Counsellor Lawrence Yeakula of Liberty Law Firm appeared for the appellants. Counsellors Betty Lamin-Blamo, Solicitor General of Liberia, and Augustus C. Fayiah, Assistant Minister of Justice for Litigation, Ministry of Justice, appeared for the appellee.
Having heard the legal arguments presented, reviewed the facts and all the circumstances attending the case, and carefully studied the contentions of the parties, as well as the laws cited and relied upon; and being satisfied and convinced that the State did establish beyond a reasonable doubt, as required by law, that the appellants committed the offense of criminal attempt to commit murder charged in the indictment to warrant their conviction of the said offense, it is hereby
ADJUDGED
That the judgment of the trial court adjudging the appellants guilty of the crime of criminal attempt to commit murder is hereby affirmed. However, the penalty of six years imprisonment imposed by the lower court, not being in harmony with the Penal Law, which prescribes a maximum penalty of five years for the offense, the same is hereby modified, and, as modified, is reduced to a term of imprisonment of two and one-half years, which we believe to be an appropriate penalty under the circumstances presented In the case.
The Clerk of this Court is hereby ordered to send a mandate to the court below commanding the judge presiding therein to resume jurisdiction over this case and to give effect to this judgment. Costs are disallowed. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE HONOURABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA THIS 5TH DAY OF November, A.D. 2014.
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