(1) The failure of a court to give reasons or to comply with any other procedural requirement contained in this Act in sentencing an offender does not invalidate any sentence imposed by it. (2) Nothing in subsection (1) prevents a court on an appeal against sentence from reviewing a sentence imposed by a court in circumstances where there has been a failure that is referred to in that subsection. Pt 7 (Heading) substituted by No. 19/2015 s. 4. 104 Correction of sentences by Supreme Court on S. 104 (Heading) judicial review inserted by No. 19/2015 s. 5(1). (1) If— S. 104(1) amended by No. 68/2009 s. 97(Sch. item 110.79). (a) a person has been sentenced (whether at first S. 104(1)(a) amended by instance or on appeal) by the County Court No. 19/2015 or the Magistrates' Court for an offence; and s. 5(2)(a). (b) an application is made to the Supreme Court S. 104(1)(b) amended by for relief or remedy in the nature of certiorari No. 19/2015 to remove the proceeding into the Supreme s. 5(2)(b). Court; and (c) the Supreme Court determines that the S. 104(1)(c) amended by sentence imposed was beyond the power of No. 19/2015 the sentencing court— s. 5(2)(c). the Supreme Court may, instead of setting aside the conviction, amend the conviction by substituting for the sentence imposed a sentence which the sentencing court had power to impose.
(1) The failure of a court to give reasons or to comply with any other procedural requirement contained in this Act in sentencing an offender does not invalidate any sentence imposed by it. (2) Nothing in subsection (1) prevents a court on an appeal against sentence from reviewing a sentence imposed by a court in circumstances where there has been a failure that is referred to in that subsection. Pt 7 (Heading) substituted by No. 19/2015 s. 4. S. 104 (Heading) inserted by No. 19/2015 s. 5(1). 104 Correction of sentences by Supreme Court on judicial review S. 104(1) amended by No. 68/2009 s. 97(Sch. item 110.79). (1) If— S. 104(1)(a) amended by No. 19/2015 s. 5(2)(a). (a) a person has been sentenced (whether at first instance or on appeal) by the County Court or the Magistrates' Court for an offence; and S. 104(1)(b) amended by No. 19/2015 s. 5(2)(b). (b) an application is made to the Supreme Court for relief or remedy in the nature of certiorari to remove the proceeding into the Supreme Court; and S. 104(1)(c) amended by No. 19/2015 s. 5(2)(c). (c) the Supreme Court determines that the sentence imposed was beyond the power of the sentencing court— the Supreme Court may, instead of setting aside the conviction, amend the conviction by substituting for the sentence imposed a sentence which the sentencing court had power to impose.
91-49a176.docx