PENALTIES AMENDMENT.
No. 30 of 1911.
1949
be with or
3. Where under any enactment now in force, or under any future enactment, a court shall sentence a person convicted of an offence for which the penalty of imprisonment is provided, the court may, unless such enactment provides that the imprisonment shall be without hard labour, inflict imprisonment with or without hard labour:
Provided always that where under this section or under section 2 a sentence of imprisonment is imposed for more than two years, it shall always be with hard labour: Provided further, that where any person is sentenced to imprisonment under any existing enactment for not finding sureties, such imprisonment shall be without hard labour.
[Iss. 4, 5, 6 and 7, rep. No. 43 of 1912.]
hard labour.
*
penalties in
Ordinances.
8. Nothing in this Ordinance contained shall be construed as giving to a court the power of inflicting a punishment less than the minimum punishment, if any, provided for offences against any enactment now in force, or any future enactment, relating to revenue, customs, or quarantine, or relating to any of His Majesty's regular or auxiliary forces, or which carries into effect any treaty by which a minimum penalty is stipulated for the offence in question.
[Preamble and ss. 9 and 10, rep. No. 43 of 1912.]
11. Whenever in any enactment now in force, or in any future enactment, several penalties are provided for one and the same offence—
(1) the use of the word "or" in relation to such penalties shall signify that they are to be inflicted alternatively;
(2) the use of the word "and" shall signify that the penalties may be inflicted alternatively or cumulatively; and
(3) the use of the words "together with" or "in addition to", or other expressions which convey the same meaning, shall signify that the penalties are to be inflicted cumulatively.
[Ss. 12 and 13, rep. No. 43 of 1912.]
cumulative penalties, how distinguished.
[cf. No. 31 of 1911, s. 33.]
14. This Ordinance shall apply to penalties imposed upon summary conviction by a magistrate, or by two magistrates, or by the marine magistrate.
[S. 15 and Schedule, rep. No. 43 of 1912.]
* As amended by Law Rev. Ord., 1921.
sentences
imposed by magistrate.
**
PENALTIES AMENDMENT.
No. 30 of 1911.
1949
be with or
3. Where under any enactment now in force, or under any Imprisonment future enactment, a court shall sentence a person convicted imposed may of an offence for which the penalty of imprisonment is without provided, the court may, unless such enactment provides that the imprisonment shall be without hard labour, inflict imprisonment with or without hard labour:
Provided always that where under this section or under section 2 a sentence of imprisonment is imposed for more than two years, it shall always be with hard labour: Provided further, that where any person is sentenced to imprisonment under any existing enactment for not finding sureties, such imprisonment shall be without hard labour.
Iss. 4, 5, 6 and 7, rep. No. 43 of 1912.]
hard labour.
*
penalties in
Ordinances.
8. Nothing in this Ordinance contained shall be construed Saving of as giving to a court the power of inflicting a punishment less minimun than the minimum punishment, if any, provided for offences certain against any enactment now in force, or any future enactment, relating to revenue, customs, or quarantine, or relating to any of His Majesty's regular or auxiliary forces, or which carries into effect any treaty by which a minimum penalty is stipulated for the offence in question.
[preamble and ss. 9 and 10, rep. No. 43 of 1912.]
11. Whenever in any enactment now in force, or in any Alternative future enactment, several penalties are provided for one and cumu- offence-
(1) the use of the word "or" in relation to such penalties shall signify that they are to be inflicted alternatively ;
(2) the use of the word "and" shall signify that the penalties may be inflicted alternatively or cumulatively; and
(3) the use of the words "together with " OT "in addition to", or other expressions which convey the same meaning, shall signify that the penalties are to be inflicted cumulatively.
[ss. 12 and 13, rep. No. 43 of 1912.]
lative penalties, how dis- tinguished.
[cf. No. 31 of 1911, s. 33.]
14. This Ordinance shall apply to penalties imposed upon Ordinance summary conviction by a magistrate, or by two magistrates, to apply to or by the marine magistrate.
[s. 15 and Schedule, rep. No. 43 of 1912.]
* As amended by Law Rev. Ord., 1921.
sentences
imposed by magistrate.
**
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