50
CAP. 221
Criminal Procedure
[1988 Ed.
(4) For the purposes of subsection (3)(a), any 2 or more sentences are to be treated as passed in the same proceeding if-
(a) they are passed on the same day; or
(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence;
and consecutive terms of imprisonment and terms which are wholly or partly concurrent are to be treated as a single term.
Supplementary provisions as to appeal against sentence
(Added 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 10]
83I. (1) An appeal against sentence, whether under section 83G or 83H, lies only with the leave of the Court of Appeal.
(2) Where the court, in dealing with an offender on his conviction on indictment, or in a proceeding to which section 83H(2) applies, has passed on him 2 or more sentences in the same proceeding (which expression has the same meaning in this subsection as it has for the purposes of section 83H), being sentences against which an appeal lies under section 83G or 83H, an appeal or application for leave to appeal against any one of those sentences shall be treated as an appeal or application in respect of both or all of them.
(3) On an appeal against sentence the Court of Appeal, if it considers that the appellant should be sentenced differently for an offence for which he was dealt with by the court below, may--
(a) quash any sentence or order which is the subject of the appeal; and
(b) in place of it pass such sentence or make such order as it thinks appropriate for the case (whether more or less severe) and as the court below had power to pass or make when dealing with him for the offence.
(4) The power of the Court of Appeal under subsection (3) to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 109C(1) in respect of a suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that suspended sentence where the court below---
(a) could have so dealt with him if it had not passed on him a sentence of detention in a training centre quashed by the Court of Appeal under subsection (3)(a); or
(b) did so deal with him in accordance with section 109C(1)(d) by making no order in respect of the suspended sentence.
Appeal in cases of insanity
(Added 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 11]
Appeal against verdict of not guilty by reason of insanity
83J. A person in whose case there is returned a verdict of not guilty by reason of insanity may appeal to the Court of Appeal against the verdict-
50
CAP. 221}
Criminal Procedure
[1988 Ed.
(4) For the purposes of subsection (3)(a), any 2 or more sentences are to be treated as passed in the same proceeding if-
(a) they are passed on the same day; or
(b) they are passed on different days but the court in passing any one of
them states that it is treating that one together with the other or others as substantially one sentence;
and consecutive terms of imprisonment and terms which are wholly or partly concurrent are to be treated as a single term.
Supplementary provisions as to appeal against sentence
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 10]
831. (1) An appeal against sentence, whether under section 83G or 83H, lies only with the leave of the Court of Appeal.
(2) Where the court, in dealing with an offender on his conviction on indictment, or in a proceeding to which section 83H(2) applies, has passed on him 2 or more sentences in the same proceeding (which expression has the same meaning in this subsection as it has for the purposes of section 83H), being sentences against which an appeal lies under section 83G or 83H, an appeal or application for leave to appeal against any one of those sentences shall be treated as an appeal or application in respect of both or all of them.
(3) On an appeal against sentence the Court of Appeal, if it considers that the appellant should be sentenced differently for an offence for which he was dealt with by the court below, may--
(a) quash any sentence or order which is the subject of the appeal; and (b) in place of it pass such sentence or make such order as it thinks
appropriate for the case (whether more or less severe) and as the court below had power to pass or make when dealing with him for the offence.
(4) The power of the Court of Appeal under subsection (3) to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 109C(1) in respect of a suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that suspended sentence where the court below---
(a) could have so dealt with him if it had not passed on him a sentence of detention in a training centre quashed by the Court of Appeal under subsection (3)(a); or
(b) did so deal with him in accordance with section 109C(1)(d) by making
no order in respect of the suspended sentence.
Appeal in cases of insanity
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 11]
Appeal against verdict of not guilty by reason of insanity
83J. A person in whose case there is returned a verdict of not guilty by reason of insanity may appeal to the Court of Appeal against the verdict-
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