Exceptions exist (e.g., cannot impose death sentence on a child).
Imprisonment
Life imprisonment: generally thirty years. One-third remission for good behavior (Section 3 of CGA).
For the accused's natural life (serious firearm offenses).
Fixed period
Effective date of sentence (Section 282 sub d): Date sentence is pronounced.
Section 292: If the accused escaped, sentence becomes immediately effective; can run concurrently or consecutively.
Consideration of detention period.
Case of Sundar Rajan Sokalingam: Advocate convicted for impersonation, struck off the roll.
Concurrent and Consecutive Sentencing
Court can order concurrent or consecutive sentencing.
Magistrate Court: Maximum of 20 years imprisonment.
Concurrent: Accused serves only the longest sentence.
Consecutive: Total of sentences served.
Court must clearly state if the sentence is concurrent or consecutive (Bujang Johnny).
Concurrent and consecutive refer to imprisonment only.
Case of Ayub Abdul Jabbar: Offenses under same penal code should run consecutively, not concurrently.
Principles:
One transaction principle: Sentences run concurrently (Abu Samant, Amrita Al Hazra, Viramotu Vijayan Kunju).
Totality principle: Court considers all sentences passed, may order sentences to run concurrently if excessive (Saul Sukim, Bachik being Abdul Rahman).
Default of Imprisonment in Default of Payment of Fine (Section 283)
Look at CPC and scales to calculate.
Two scenarios:
Offense is punishable with imprisonment.
Offense is not punishable with imprisonment.
Other Sentencing Types
Weeping
Section 286 of CPC: Court decides place and time.
Section 103 of Subordinate Courts Act: Can be detained until whipping is carried out.
Sections 288 and 289: How whipping will occur
Section 311: Automatic stay.
Maximum strokes: 24 for adult, 10 for youthful offender (under 21).
Cannot whip females, males sentenced to death, or males 50 years and above (certain exceptions exist for penal code offenses).
Jay Akau's case: Maximum is 24 strokes in one trial.
Section 311 of CPC: Automatic stay if appeal.
Serious offenses involving violence.
Section 288 sub 4: CBT, use cane like school discipline.
Cannot change or enhance whipping sentence (Section 289 of CPC).
Section 291: Commute whipping to imprisonment (maximum 24 months).
Sentence of Fine
Cannot be excessive or too low (Abusamon, Zakaria, Tootin, ). New said it can not be too low.
Court can give time to pay in installments.
If don't pay, can order imprisonment in default.
Section 283 sub 1.
If settle anytime with, that normally in default becomes at the end.
After finishing sentence.
Can appeal and reduce. Look at financial capability or accused
Police Supervision (Section 295)
Accused has previous conviction of offense punishable with two years imprisonment or more.
Currently convicted of offense punishable with imprisonment of two years or upwards.
Not less than one year and not more than three years after expiration of sentence.
Section 295 one a specifically relates to penal code
Good Behavior Bond (Sections 173 capital a and 294):