Section 113: Penalties

113. Penalties (1) Subject to subsection (2), the Intermediate Court shall have jurisdiction to inflict the penalties and forfeitures specified in the law applicable to the offence charged. C54 – 29 [Issue 4] Courts Act (2) (a) Subject to paragraph (b) and any other enactment, the Court shall not award against any person penal servitude for more than 15 years or imprisonment for more than 10 years. (b) In the case of a persistent offender, if the Court is satisfied that, by reason of his previous conduct and of the likelihood of his committing further offences, it is expedient to protect the public from him for a substantial period, the Court may increase the sentence to 20 years penal servitude. (3) For the purposes of subsection (2)— (a) “persistent offender” means any person who— (i) commits any offence before the expiration of 3 years from his previous conviction or from his final release from prison after serving a sentence passed on such conviction, whichever is the latter; or (ii) has been convicted on at least 3 previous occasions since he has attained the age of 21 and has, on those 3 previous occasions, received sentences the total length of which was not less than 10 years; (b) a certificate purporting to be signed by the Commissioner of Prisons regarding the date of final release from prison of an offender shall be sufficient evidence of the facts therein stated without proof of his handwriting. [S. 113 amended by Act 5 of 1985; Act 29 of 1992, s. 2 (a) of Act 36 of 2008 w.e.f. 6 December 2008.]