2016
CR!M I:'\.\L PalcEmJ~E .-'l.c"lD EviDENCE AM El\'DM ENr
shall, subject to subsection ( I 0), s ubrnit them to the\ Iinister for publication
as regulations in terms of section 389, and upon such publication the
courts shall pay due regard to the applicable sentencing guidelines when
sentencing offenders and, while not being bound by the guidelines, must,
when departing from them in any case, record the reasons for doing so.
( 10) The !vlinister must publish the draft sentencing guidelines
substantially in the form in which he or she receives them from the Judicial
Service Commission, unless he or she has any substantial objections to
them, in which event the \Iinister must return them (together with written
notification of his or her objections and of the reasons for them) to Judicial
Service Commission for consideration of his or her objections by the
Judicial Service Commission or, if the Commission so determines. at the
next judicial conference following the notification of his or her objections.
( ll) If after notification of the \ linister 's objections to the draft
sentencing guidelines the Judicial Service Commission or, as the case
may be. the next judicial conference(a) upholds the ?vlinister's objections, the Judicial Service
Commission shall resubmit them with the appropriate
amendments to the Minister for publication as regulations
in terms of section 389;
(b)
declines. in whole or in part, lo uphold the Minister's
objections, the Judicial Service Commission shall resubmit
them. together with the reasons for the ('om mission or the
judicial conference so declining, to the \Iinister. who may
thereupon(i)
publish them substantially in the form in which he
or she first received them from the Judicial Service
Commission; or
(ii)
publish such part of them as the:\ !inisterdid not object
to in his or her original notification of objections under
subsection (7); or
(iii)
refuse to publish them as regulations in terms of section
389.
( 12) Sentencing guidelines may he amended, replaced or revoked
by a subsequent judicial conference, and thereupon subsections (5) to ( 11)
shall apply to such amendment, replacement or re\'ocation. ".
42
Amendment of section 336 of Cap. 9:07
Section 336 ("Nature of punishments")( 1) of the principal Act is amended by the
repeal of paragraph (a) and the substitution of"(a)
43
in the case of the High Court, sentence of death. where the offender is
convicted of murder in aggravating circumstances;".
New sections substituted for sections 337 and 338 of Cap. 9:07
Sections 337 and 338 of the principal Act are repealed and substituted by"337 Sentence for murder
( 1) Subject to section 338. the High Court may pass sentence of
death upon an offender convicted by it of murder if it finds that the murder
was committed in aggravating circumstances.
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No.2
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