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1. When an accused has been found guilty and convicted the court
such right.1
according to law.
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Currently parties to a criminal proceeding have the authority to discuss on an appropriate sentence to be meted
out by the court on an accused by way of an agreement which may be reached as a result of a plea bargaining
process.
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Criminal Procedure Sentencing and the criminal justice process Lecture
trial at the subordinate court and provides that If the Court finds
that the prosecution has proved its case beyond reasonable doubt,
the Court shall find the accused guilty and he may be convicted on
be convicted on the plea of guilty and the court shall pass sentence
only be within the ambit of the punishable section, but it must also
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Criminal Procedure Sentencing and the criminal justice process Lecture
16. It is also not wrong for the accused or his counsel to suggest
Status of offender;
crime etc.);
well as on others;
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Criminal Procedure Sentencing and the criminal justice process Lecture
18. On the other hand the accused himself or through his counsel
following aspects:
Age of offender;
Health of offender;
Plea of guilty.
remand etc.
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Criminal Procedure Sentencing and the criminal justice process Lecture
they are:
Retribution;
Rehabilitation;
Restorative;
particular types of crime, and the only way which the courts can
show this is by the sentences they pass. The courts do not have to
reflect public opinion. On the other hand courts must not disregard
it. Perhaps the main duty of the court is to lead public opinion.
21. The oft quoted case of R v Ball 35 Cr. App. R. 164 is relevant
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Criminal Procedure Sentencing and the criminal justice process Lecture
from criminal ways to honest living. Our law does not, therefore,
sentence and leaves it to the court to decide what is, within that
crime, but in regard to each criminal, the court has the right and
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Criminal Procedure Sentencing and the criminal justice process Lecture
In that case the learned judge was not laying any rules on public
antecedents and character. (In that case the appellant Ball aged 23
years had a bad record. His friend aged 29 years also had a bad
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Criminal Procedure Sentencing and the criminal justice process Lecture
honest living can take several forms and will have to depend to a
greater extent on the attitude of the offender and his suitability for
23. In the case of Loo Choon Fatt [1976] 2 MLJ 186, the learned
twenty years, and the fact that he was the only son for his parents.
turn was the public interest. Because of this, the court viewed
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Criminal Procedure Sentencing and the criminal justice process Lecture
24. In the case of Teh Ah Cheng [1976] 2 MLJ 186, the court
not only to the offence of unlawful possession but also serves the
for each charge, the sentences to run concurrently with the hope
that the creaking of the prison doors closing shut behind him
folly in the company he keeps, and give others of his ilk and
25. In the case of Raja Izzuddin Shah [1979] 1 MLJ 270, Hashim
26. In the case of young offenders there can hardly ever be any
conflict between the public interest and that of the offender. The
good citizen.
(See the case of Teo Siew Peng & Ors [1985] 2 MLJ 125.
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Criminal Procedure Sentencing and the criminal justice process Lecture
Offences under the Penal Code may be tried by the High Court,
Children).
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Criminal Procedure Sentencing and the criminal justice process Lecture
accused, and above all public interest. (See Lim Guan Eng v
Death;
Imprisonment;
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Criminal Procedure Sentencing and the criminal justice process Lecture
Whipping;
Fine;
Police Supervision;
Rehabilitative counseling;
2001.
cluster:
Incarcerative imprisonment4.
2
See section 275, 276, 292 (2) CPC and section 97 Child Act 2001 (Act 611). Reference is also made to lecture
delivered on these provisions.
3
See section 286, 287, 288, 289, 290, 291, 293 (1) (c) CPC. Reference is also made to lecture delivered on these
provisions.
4
See section 282, 283 (1) (b) (iv), 283 (1) (c), 284, 292 CPC. Reference is also made to lecture delivered on these
provisions.
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Criminal Procedure Sentencing and the criminal justice process Lecture
The court may due to an oversight not impose the mandatory term
offences.
have the matter rectified before the court rises for the day.
5
See section 173A, 293 (1) (b), 294, 294A CPC. Reference is also made to lecture delivered on these provisions.
6
See section 293 (1) (e) CPC.
7
See section 295, 296, 297 CPC.
8
See section 295A CPC.
9
See section 2 (1), 283, 284 CPC. Reference is also made to lecture delivered on these provisions.
10
See section 426, 432 CPC.
11
See the same section 426, 432 CPC.
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Criminal Procedure Sentencing and the criminal justice process Lecture
What will be the role of the counsel for the accused in such a
circumstance? If the court does that and none of the parties to the
recourse?
consecutively.
But if the sentence for any one offence is imprisonment and fine,
concurrently.
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Criminal Procedure Sentencing and the criminal justice process Lecture
authorized by law.
392 PC.
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Criminal Procedure Sentencing and the criminal justice process Lecture
The court may impose a substantive sentence of three (3) years (36
87 of Act 92.
direct the order in which they are to run unless they are
12
This issue has to be now viewed in the light of the latest amendment to the CPC vide Criminal Procedure Code
(Amendment) Act 2016 (Act A1521). Section 282 of the CPC is now amended with the addition of subsection (e)
which states when a person is convicted at one trial of any two or more offences, the Court shall not order the
sentences of imprisonment to run concurrently. Reference is also made to lecture delivered on this current
provision.
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Criminal Procedure Sentencing and the criminal justice process Lecture
13
See the case of Peter Ting Chiong King [1987] 2 MLJ 69.
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Criminal Procedure Sentencing and the criminal justice process Lecture
than consecutive. The rationale being when all the offences are
The one transaction principle is found in section 165 (1) CPC. The
One good example is the case of Yap Huat Heng [1985] 2 MLJ
414, wherein the offences were two counts of rape and two counts
that case where the offender was found guilty of two counts of rape
and two counts of robbery, the offences were distinct and should
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Criminal Procedure Sentencing and the criminal justice process Lecture
In that case the accused was charged with seven (7) offences and
At the end of the day, as one always must, one looks at the totality
whether the six years is too great a sentence for the catalogue of
dismissed.
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Criminal Procedure Sentencing and the criminal justice process Lecture
Court affirmed the sentences of three years for each charge to run
consecutively.
ten years on the second charge and seven years on the third charge.
However in the case of Sau Soo Kim v PP [1975] 2 MLJ 134 (FC),
High Court to ten years imprisonment for the first offence, four
years for the second and four years for the third, all sentences to
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Criminal Procedure Sentencing and the criminal justice process Lecture
Police Supervision
It is often overlooked.
not more than three (3) years and a Magistrate for not more than
the expiration of the sentence passed on the accused for the last of
such offences.
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Criminal Procedure Sentencing and the criminal justice process Lecture
supervision computed?
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Criminal Procedure Sentencing and the criminal justice process Lecture
MLJ 203, PP v Haled [1981] 2 MLJ 211, Roslan bin Haji Yahya v
377C, 377CAor 377E of the PC, the court (which court?) shall
(1) year and not more than three (3) years, commenced
imprisonment.
offenders.
society.
It syncs with the ultimate aim of the criminal justice system which
is the reintegration of the offender into the society. This is part and
system.
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Criminal Procedure Sentencing and the criminal justice process Lecture
but if the offender does not pay the fine he has to face the default
When a charge is proved against the offender, the court can make
offence is committed
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Criminal Procedure Sentencing and the criminal justice process Lecture
The conditions are imposed with the aim of ensuring the offender
Such bond shall not exceed three (3) years although the court may
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Criminal Procedure Sentencing and the criminal justice process Lecture
So what the offender would have gone through is the charge and
the trial.
With the bond under section 173A, the offender continues to live
which is:
offence is committed
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Criminal Procedure Sentencing and the criminal justice process Lecture
necessary.
be free from any restraints once the bond period expires and he has
Under section 294A CPC, the court can require that there is
(b) such conditions for securing the supervision as the court may
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Criminal Procedure Sentencing and the criminal justice process Lecture
173A or section 294 CPC the court may issue a warrant for the
14
See the latest amendment to section 173A and 294 CPC vide Criminal Procedure Code (Amendment) Act 2016,
Act A1521 which now provides that both these sections shall not apply if the offender is charged with a serious
offence or if the offender is charged with the commission of an act of domestic violence as defined under section 2
of the Domestic Violence Act 1994 (Act 521). Reference is also made to lecture delivered on these current
provisions.
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Criminal Procedure Sentencing and the criminal justice process Lecture
MLJ 125, Tan TekSeng [1990] 2 CLJ 103, Lim Kim Poh v PP
RESTITUTION IN SENTENCING
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Criminal Procedure Sentencing and the criminal justice process Lecture
On this see section 426 and 432 CPC, which have been
extensively amended.
imprisonment.
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Criminal Procedure Sentencing and the criminal justice process Lecture
period not exceeding 3 months and for such hours, not exceeding 4
to prison for failure to pay a fine or debt, and the court is of the
and having regard to the character of such person, the nature and
failure to pay (as the case may be) and all the other circumstances
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Criminal Procedure Sentencing and the criminal justice process Lecture
The obligations of the offender under the CAO is set out in section
6 (1) subject to the provisions of any Rules made under this Act
may specify.
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Criminal Procedure Sentencing and the criminal justice process Lecture
painting etc.
in aggregate.
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Criminal Procedure Sentencing and the criminal justice process Lecture
The CSO also syncs with the ultimate aim of the criminal justice
country. The court in fact can take judicial notice of this fact.
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Criminal Procedure Sentencing and the criminal justice process Lecture
gang rape.
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Criminal Procedure Sentencing and the criminal justice process Lecture
Rape is rampant and the court had to deter not only the
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Criminal Procedure Sentencing and the criminal justice process Lecture
Hence for the less serious type of case, the court will mete
statement.
of the offence;
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Criminal Procedure Sentencing and the criminal justice process Lecture
accused;
preference.
6. Teo Woo Tin [1932] MLJ 124 followed in the case of Zakariya bin
Musa [1985] 2 MLJ 221.
following factors:
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Criminal Procedure Sentencing and the criminal justice process Lecture
offender.
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Criminal Procedure Sentencing and the criminal justice process Lecture
In this case the fine was set aside and substituted with a
conditional discharge.
factor. This is because it not only saves the country a great expense
particularly the witness. See the case of Sau Soo Kim [1975] 2
plea of guilt thus entitling the accused to some credit for that but it
has to be set off against the enormity and seriousness of the crime
given the paramount consideration. See Leo Say & 2 ors [1985]
the offender. See the case of PP v Koh Puay Khoon & 3 ors [1984]
1 CLJ 193.
12. The court will then decide based on the probation report
of the Child Act 2001. The provisions of the Child Act 2001 apply
DISPARITY IN SENTENCING
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Criminal Procedure Sentencing and the criminal justice process Lecture
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