On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 25/06/2010.
PART XV
JUDGMENT
298.
—(1) The court must deliver judgment in every criminal trial, criminal appeal, case stated, criminal revision, criminal reference or criminal motion in open court immediately after the trial, appeal, case stated, criminal revision, criminal reference or criminal motion, or at a later time of which due notice must be given to the parties or their advocates.
(2) A judgment must be delivered either orally or by written grounds of decision.
(3) Where a judgment is delivered by written grounds of decision, the judgment may be delivered by pronouncing the court’s decision with an oral summary of the written grounds, and giving a copy of the written grounds to the parties or their advocates either on the date of the court’s decision or at a later date.
(4) Where a trial judge had delivered judgment in any manner referred to in subsection (2), the trial judge may, at any time before the appeal is heard, give further grounds for his decision, which may include grounds other than the grounds of decision given earlier by the trial judge.
(5) Where an appellate court had delivered judgment orally, it may, at a later date, give in writing the grounds of its decision, which may include grounds other than the grounds of decision given earlier by the appellate court.
(6) Where the appellate court comprises more than one judge, it shall ordinarily give only one judgment, which may be delivered by the presiding judge or by such other member of the appellate court as the presiding judge may direct.
(7) Separate judgments shall be delivered if the presiding judge so directs.
(8) The judgment of any judge who is absent may be delivered by any other judge.
(9) If the accused is in custody, he must be produced before the court.
(10) If the accused is not in custody, he must attend to hear judgment delivered except when his personal attendance during the trial has been dispensed with and the sentence is one of fine only.
(11) Where the court reserves judgment in a trial, appeal, case stated, criminal revision, criminal reference or criminal motion, it may grant bail to the accused, with or without sureties, and on such terms and conditions as it thinks fit.
299.
—(1) After hearing the appeal and delivering its judgment, the appellate court must certify its judgment, sentence or order to the trial court which recorded or passed the judgment, sentence or order appealed against.
(2) Where an appeal is not dismissed, the certificate must state the grounds on which the appellate court allowed the appeal or varied the trial court’s decision.
(3) The trial court must then make orders that conform to the appellate court’s judgment, sentence or order, and, if necessary, amend the record accordingly.
(4) If the appellate court imposes a sentence of imprisonment on a person who was not so sentenced by the trial court, the appellate court must by warrant commit that person to prison in addition to anything else it is required to do by this section and must certify accordingly to the trial court.
300. When a person is found guilty of one of several possible offences under written law, but it is doubtful which of those offences he is guilty of, the court must record a conviction in the alternative, distinctly specifying those offences, and the offender must be punished for the offence carrying the lowest punishment if the same punishment is not provided for all.
301.
—(1) Where a court has delivered its judgment, it may rectify a clerical error at any time, and any other error, including an error in the exercise of its sentencing powers, may be rectified by the court by the next working day after the delivery of the judgment.
Illustrations
(a)
A Magistrate’s Court sentences an accused to 4 years’ imprisonment for an offence of theft under section 380 of the Penal Code (Cap. 224). In so far as a Magistrate’s Court may only impose an imprisonment term not exceeding 3 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(b)
A committed an offence under the Penal Code after the coming into force of the Penal Code (Amendment) Act 2007 (Act 51 of 2007). The Magistrate’s Court, however, imposed a sentence on A based on the penalty provision in the Penal Code that was in force prior to the coming into force of the Penal Code (Amendment) Act 2007 when it should have sentenced A based on the penalty provision as amended by the Penal Code (Amendment) Act 2007. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(c)
A District Court imposes caning on a man who committed an offence when he was 54 years of age. In so far as section 325 of this Code prohibits the court from imposing caning on the man, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(d)
A District Court sentences an accused to one year’s imprisonment for an offence of extortion by putting a person in fear of death or grievous hurt under section 386 of the Penal Code. In so far as section 386 of that Code imposes a mandatory minimum imprisonment term of 2 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(2) For the avoidance of doubt, any error resulting from a sentence imposed by a court which it subsequently views as being too harsh or too lenient is not such error within the meaning in subsection (1).