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Sentencing (CPC)

The document outlines the sentencing process in court, detailing the steps taken to determine the guilt of the accused and the possible outcomes, including acquittal or conviction. It also lists various types of sentences and factors to consider, such as aggravating and mitigating circumstances, as well as special categories like children and youthful offenders. Additionally, it provides guidance on how to approach sentencing questions and the jurisdiction of different courts.

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Yaya Kay
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36 views2 pages

Sentencing (CPC)

The document outlines the sentencing process in court, detailing the steps taken to determine the guilt of the accused and the possible outcomes, including acquittal or conviction. It also lists various types of sentences and factors to consider, such as aggravating and mitigating circumstances, as well as special categories like children and youthful offenders. Additionally, it provides guidance on how to approach sentencing questions and the jurisdiction of different courts.

Uploaded by

Yaya Kay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Sentencing:

Read sections 273- 301 ; 173A CPC

At the end of the case, the court is to


determine whether the Prosecution has
proven the accused person’s guilt
beyond a reasonable doubt

Not Guilty Guilty

Acquit Convict OR Do not record a


conviction

Sentence Do not sentence Section 173A

-Death Section 294 -Admonish and


-Imprisonment -released on dismiss the
-Whipping bond of good charge; or
-Fine behaviour - released on
(binding over) bond of good
In Addition consider: behaviour
-Compensation order (*youthful (Binding over)
s426
-Police supervision offender- s293)
s295 -community service
-rehabilitative orders
counselling s295A

5(b) October 2011 Shall be punished vs shall be liable to be punished.


1(b) July 2012 Consecutive vs concurrent sentences
7(b) October 2012 Previous convictions
6(a) July 2013 Problem Q
1(b) July 2013 Problem Q
6 (a) and (b) October Whipping
2013 Police supervision
7(b) October 2013 Problem Q
5(b) July 2014 Appellate court intervention
Types of questions:
(i) Essay
(ii) Asked to pass a sentence
(iii) Discuss legality of sentence passed
(iv) Asked to act an appellate court to review sentence

Thinking structure:
1. What is the crime
2. What court are we in (Magistrate/Sessions/High Court)
3. Sentencing Jurisdiction of the court
4. Maximum and minimum sentence of the offence Refer to 7th column,
 Death: First Schedule, CPC.
 Imprisonment:
 Fine:
 Whipping:
5. Shall be punished Or Shall be liable to be punished?
 Mandatory  Discretionary
6. Determining the sentence:
 Purpose of punishment/sentencing theory:
 Aggravating Factors:
 Mitigating Factors:
 Pattern of cases:
7. Balancing:
8. Sentence:
 On each possibility, Death, Imprisonment, Fine and Whipping.
 Consider also in addition to the above:
o Police supervision (esp sexual offences),
o Rehabilitative counselling (sexual offences) &
o compensation order.
 Concurrent or consecutive
 Run from- arrest, conviction, appeal?

Special categories:
 Children
 Youthful Offender

Also consider:
 S 173A- Not convict
 S 294- Convict
9. If reviewing sentence on appeal
R v Ball

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