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Sentencing (PART 2) - Coggle Diagram
Sentencing (PART 2)
Death Penalty - S.277 CPC; Lau Kee Ho
Juridsdiction of Court
S.22 CHA - only HC has original jurisdiction to impose DP
S.60(2) & S.92(2) CJA - COA & FC can try on appeal
2 types of DP
Mandatory DP
S.302 PC
S.121A PC
S.38B(1) DDA
S.3 Firearms (Increased Penalties) Act
S.3A Firearms (Increased Penalties Act)
Discretionary DP
S.3 Kidnapping Act 1961
S.58(1) Internal Security Act 1960
S.121 PC
Offender exepted from DP
Pregnant Woman - S.275 CPC
Juvenilie Offensder - S.97 CA
Kok Wah Kuan - DP shall not made against a child
Lim Hang Seoh
Exception - still can granted DP under security case subjectReg 3(3) ESCAR exclude the application of Criminal Justice Act
Constitutionality of DP - S.277 CPC; Lau Kee Ho
Imprisonment
Imprisonment for Life
IF not specified under statue
30 years ( S.3 Criminal Justice Act 1953)
Eg: S.57 PC - previously it is 20 yrs but ltr amended by S.3 PC
IF specified under statue
Until Death
Eg: S.130A(J) PC; S.2 FIPA; S.2 The Arms Act
Constitutionality --> Che Ani Bin Itam
No longer exist due to amended by Act 846 (Abolishment of Mandatory Death Penalty Act)
Imprisonment in default of fine
Imprisomment for a definite period
GR: From the date the sentence passed yet can be backdated fromdate of arrest, remand conviction of trial if A was in coustory and not released on bail
Fok Kok Shen - commence form trial
Concurrent & Consecutive terms of Imprisonment if more than one sentence of imprisonment. (S.102 SCA)
Concurrent (simultaneously
Consecutively - seperate manner
Fine